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FLSA

Don’t try docking pay for smoking breaks.

06/01/2000
An employer who allowed his workers to take a series of short smoking breaks had to compensate them for the time. Reason: Such approved short breaks (20 minutes or less) are …

Fix classification errors promptly or ‘window of correction’ will close

06/01/2000
A group of managers and registered nurses who worked for Santa Clara County, Calif., were classified as exempt under the Fair Labor Standards Act (FLSA), making …

Courts split on damages for FLSA retaliation

06/01/2000
Brian Snapp’s boss fired him after finding out Snapp had complained to the U.S. Labor Department that the company violated federal wage laws. A jury awarded Snapp …

Independent contractor label is no protection from overtime

05/01/2000
In 1991, Perdue Farms Inc. changed the status of the chicken catchers at its poultry plants from employees to independent contractors, which made them ineligible …

Pay workers for travel time when you control their travel

05/01/2000
Royal Packing Co. required its agricultural employees to travel to and from the fields each day on company-provided buses. Employees met each morning …

Limits on comp time for exempt employees

05/01/2000

Q. One of my managers had to work on a holiday, and the hourly employee who worked with him got double time in addition to the holiday pay. When the salaried employee wanted to take time off shortly afterward, my boss said it was not legal to give him comp time—he would have to be paid for the holiday he worked. The employee would rather have time off. Is there no comp time for anyone? —J.W., North Carolina

Be careful when altering pregnant worker’s pay

05/01/2000

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan

You must pay for all work, even if it’s not authorized

04/01/2000

Q. In the October 1999 issue, you explained that nonexempt employees who work more than 40 hours in a week are entitled to overtime for all hours over 40, regardless of whether the overtime was authorized. Do we owe overtime if a nonexempt employee works more than his or her scheduled hours even if the total number of hours worked does not exceed 40? —J.P., Illinois

Violating wage law can entitle former workers to benefits

03/01/2000
Michael Martini voluntarily quit his job as a driver, but he still may be able to collect unemployment benefits. Why? The company violated the law, in this case, not guaranteeing …

Employment issues to watch in Washington this year

02/01/2000
Don’t look for any major new employment laws this year. Instead, look for President Clinton’s appointees in regulatory agencies to try to pack some punch into their final months. Here’s what …