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Wages & Hours

Justify exempt status to avoid class actions

04/06/2011

It takes just one or two disgruntled employees to start an FLSA class-action overtime lawsuit. Be prepared to fight such lawsuits early and vigorously. Your best bet: Classify employees correctly in the first place.

States consider letting employers offer comp time

04/01/2011
For years, business groups have unsuccessfully lobbied Congress to give employers the option to substitute compensatory time off for overtime pay—an option currently allowed for public employers. Now, some state legislatures are taking up the cause.

Old pay cut may be basis for new pay-bias claim

03/31/2011

It’s important to regularly review your records of evidence of past discrimination. If an employee now earns less after missing out on past promotions, each new paycheck can support an equal-pay claim under the Lilly Ledbetter Fair Pay Act. Now a court has expanded that reasoning to include lower paychecks based on past discriminatory pay cuts.

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

Who pays for uniform cleaning?

03/29/2011
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?

Electrical contractor to pay for fed labor law violations

03/29/2011
Fourteen employees of Quinco Electrical—a nationwide commercial electrical firm with a major office in Raleigh—will be getting something extra in their pay envelopes now that the company has settled a case alleging it violated federal contracting labor laws.

Comparing paychecks: Can we prohibit it?

03/25/2011
Q. You recently wrote that the National Labor Relations Act gives employees the legal right to discuss their pay with one another. Our office policy has always been that we do not allow this. Are we within our legal rights to prohibit it? We are a private medical practice with 88 employees and four offices.

How to discipline employees for working unauthorized OT

03/24/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Employees, employers embrace S.F. paid leave ordinance

03/23/2011

Employees and employers alike have embraced San Francisco’s generous paid sick leave law, according to a new survey by the nonprofit Institute for Women’s Policy Research. The law, enacted in 2007 after being approved by San Francisco voters, requires employers to credit workers with one hour of paid sick leave for every 30 hours they work.

What’s the California law on tip credits?

03/22/2011
Q. We are a national restaurant chain that pays our waiters and waitresses less than the minimum wage because they earn tips. We are planning to open our first restaurant in California. Can we continue to pay our tipped employees less than the minimum wage?