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Compensation & Benefits

Sales staff may be exempt from minimum wage

03/01/2001

Q. We are planning to change the pay of one employee from straight salary to a lower salary plus commission. How can we do this without violating wage law? —G.T., South Dakota

Treat unauthorized overtime as discipline issue

03/01/2001

Q. We verbally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do? —S.T., Michigan

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

You don’t have to ignore harmful effect of absences

03/01/2001
Calvin Keeler started as a senior vice president overseeing 85 employees. He earned bonuses exceeding $30,000 while enjoying a large office. Within a few years, he had been downgraded to a …

Changing work conditions may strip worker’s exemption

03/01/2001
As a U-Haul field manager, William Whitesides spent a lot of time on the road visiting dealerships. But soon after he had an accident, Whitesides was reassigned to office work, …

Overly broad noncompete deal gives you no protection at all

03/01/2001
Pinnacle Performance Inc. hired Lynn Hessing as an independent contractor for about four months to design a card shuffler for one of its client firms. Despite having signed a two-year agreement …

Employees must share duty in setting up accommodation

03/01/2001
Denise Davis missed a lot of work over more than five years due to maternity leaves and her Crohn’s disease. During this time, her employer continued to accommodate Davis by …

Illegal aliens entitled to bias protection.

03/01/2001
The National Labor Relations Board ordered a company to reinstate workers and give them back pay for unfair labor practices. In doing so, the company’s attorney found out Jose Castro lied …

Avoid equal pay suit by comparing employees’ duties, not titles

02/01/2001
Laurie Howard was promoted from secretary to HR coordinator for a United Technologies Automotive plant with 53 employees, all on salary. The head of the plant recommended she be promoted …

Inability to work overtime doesn’t mean worker is disabled

02/01/2001
As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have …