01/31/2012
Fox-Searchlight Pictures faces a class-action lawsuit in New York from unpaid interns who worked on the production of the hit film “Black Swan.” The interns claim Fox-Searchlight failed to pay them for their work in violation of the FLSA and recent DOL guidelines.
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01/31/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, President Obama is asking the U.S. Department of Labor to change Fair Labor Standards Act regulations covering home health care workers.
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01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.
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01/27/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, President Obama is asking the DOL to change Fair Labor Standards Act regulations covering home health care workers.
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01/27/2012
Do your managers have limited discretion in setting pay? If so, you may have a built-in way to prevent large class-action lawsuits over equal pay. It’s all because of last summer’s big Supreme Court decision in Wal-Mart, Inc. v. Dukes.
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01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?
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01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?
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01/25/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, President Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.
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01/25/2012
Many employers automatically deduct meal period breaks from time worked to simplify wage-and-hour calculations. That’s fine, but you must make sure there is an easy way for employees who work through their meal breaks to report the additional paid time.
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01/20/2012
The California Supreme Court has issued a long-awaited decision in a case addressing the “administrative/production worker” dichotomy in determining if an employee meets the requirements for the administrative employee exemption from overtime under the California Wage Orders.
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01/20/2012
California’s Labor Code requires employers to give covered employees a 10-minute break or rest period during each four-hour work period. Many employers have wondered how far they have to go to make sure employees take their breaks ...
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01/20/2012
California employees who report to work and then are sent home are generally entitled to at least a partial payment for that day. If you regularly have mandatory workplace meetings that fall outside some employees’ regular workday, consider scheduling those meetings for a specific time period. As the following case shows, that could save some money.
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01/19/2012
Pressured to demonstrate that they’re responsible stewards of tax dollars, states have begun to experiment with variable pay for government employees. Indiana is pointing the way ...
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01/17/2012
Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.
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01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.
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