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Wages & Hours

State-by-State Guide to Voting Leave Laws

10/26/2010

When polls open nationwide next Tuesday for the 2010 mid-term elections, chances are, some of your employees will want to take part of the day off to cast their ballots. Must you let them? In most states, yes. Here’s our state-by-state guide to voting leave laws.

Jury duty for a week: Must we pay exempt worker?

10/21/2010
Q. One of our salaried employees was picked for a grand jury. She’ll be away about one week per month. Do we have to pay her during jury duty? She will be checking in via BlackBerry daily.

Court serves up good news for firm sued for waiters’ tip snafu

10/15/2010

A three-judge panel of the California Court of Appeal for the 2nd Appellate District has upheld a lower court’s decision to dismiss a lawsuit against an accounting firm working for a celebrity-owned restaurant. The court held that the firm, Gumbiner Savett, can’t be accused of negligence for allegedly overreporting the incomes of servers who were forced to pool tips while working for Ago Restaurant.

Meal break rule doesn’t apply to public employees

10/15/2010
California Labor Code provisions specifying when and where employees should take their meals don’t apply to public employees, only to private-sector employees.

‘Service charge’ or tip? Pay attention to local laws in addition to state and federal regs

10/15/2010

California employers may incorrectly assume that if they abide by the federal Fair Labor Standards Act (FLSA) and the California Labor Code, they have met their obligations to workers. That may not be true. Local municipalities can also regulate some aspects of wage-and-hour laws.

When class-action wage lawsuit looms, handle employee ‘opt-out’ phase with care

10/15/2010

Employees who think they have been misclassified as exempt under the Fair Labor Standards Act and the California Labor Code may sue on behalf of themselves and all similarly situated current and former employees. Generally, if the case is approved as a class-action lawsuit, those current and former employees will get a chance to opt into the lawsuit for the FLSA claims and opt out of the state case. How employers react can affect how the court handles the opt-out process.

When is it legal to round pay to nearest 15 minutes?

10/14/2010
Q. We have an hourly employee who consistently arrives late—about seven to 10 minutes each time. Can we cut her pay to the nearest quarter hour? We would, of course, pay her for staying later.

Business and tax provisions in the Small Business Jobs & Credit Act of 2010

10/13/2010

With the economy still struggling and lawmakers looking to take some sort of pro-business action before the November elections, Congress passed the Small Business Jobs Act in September, a $42 billion measure to provide tax breaks and loan assistance to small businesses. President Obama signed the bill on Sept. 27, 2010. Here are the highlights of this legislation that affect businesses:

Did child labor penalties just get tougher?

10/12/2010
Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?

What’s the new Illinois minimum wage?

10/12/2010
Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?