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Payroll

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 …

If your employees earn tips, beware new audits this fall

06/01/2000
Count on the IRS to resume a controversial audit program aimed at businesses that flagrantly violate tip-reporting rules. It is set to restart on Oct. 1. In addition …

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 …

Businesses in other states fear spread of California overtime law

04/01/2000
California employers are fretting about a renewed state law that will raise their overtime costs. It requires time-and-a-half pay for work beyond eight hours …

Not everyone counts for COBRA threshold

04/01/2000

Q. This year our company may exceed 20 employees for the first time. Is it true that employers of 20 or more employees have to offer COBRA? Do part-time employees and independent contractors count toward that total? —M.K., Minnesota

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 …

Snow days might not freeze out exempt workers

03/01/2000

Q. Due to recent snowstorms, some employees have not been able to get to work. Can we dock the pay and/or accrued leave of employees who do not come to work? Can we do so even if the office is closed? Our attorney told us that the Fair Labor Standards Act does not apply to us because, among other things, our gross sales are under $500,000. —A.I., Maryland

You can recoup loss for payroll error

03/01/2000

Q. We direct-deposit the wages and salaries of most of our employees. Last week, two checks for the same pay period were deposited into an employee’s account. Can we legally have the bank withdraw the extra funds from the employee’s account? —M.F., California