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Wages & Hours

California Supreme Court redefines ’employer’

06/18/2010
The California Supreme Court has ruled that California law on who is or is not an employee goes beyond the definition contained in the federal Fair Labor Standards Act and includes a broader measure of who is an employer.

Commercial pilots claim FAA retirement plan violates state law

06/16/2010
When Congress raised commercial pilots’ mandatory retirement age from 60 to 65, not all pilots were pleased. Pilots who had previously been forced to retire at age 60 weren’t grandfathered into the new system. Now the pilots are seeking back pay and lost wages under state laws and the Federal Tort Claims Act.

37 ways to lower your health care costs

06/15/2010
Average employer-paid health benefit costs have increased about 6% per year for the last five years. At least in the short term, the new health care reform law may make the problem even worse. All the more reason to act now to get your health care costs under control. Here are 37 strategies worth trying.

When must you pay interns? DOL aims to clarify controversial question by issuing new guidance

06/14/2010
As we told you last month, the DOL and many state agencies are cracking down on employers that illegally fail to pay their interns. Now the DOL has published “Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act” that helps clarify employers’ obligations.

Worker who earned a master’s degree says she wants a raise: Must we give it?

06/10/2010
Q. We have an employee who just earned a master’s degree. She wants a raise. Is there any legal requirement that we pay someone with an advanced degree more than other employees?

How should we handle pay for employee who will be out two weeks on National Guard duty?

06/09/2010
Q. One of our full-time employees has just informed us that he will be on two weeks of National Guard duty soon. He will be absent from work to attend an annual encampment in a reserve branch of the armed forces. What are our legal obligations concerning pay to this employee?

Prepare for the crackdown: DOL focuses on wage underpayment

06/09/2010

The U.S. Department of Labor (DOL) is stepping up efforts to encourage and support certain types of wage-loss claims by low-income workers. Labor Secretary Hilda Solis announced in April that the department was rolling out its “We Can Help” campaign to address this issue. If you employ relatively low-wage workers, you need to be aware of this program.

What are the legal risks of not paying interns?

06/09/2010
Q. For years, we have used student interns during the summer months. Because they are interns, we do not pay for their services. Is this legal?

Longer workday gives 2 weeks off for Solix employees

06/04/2010

About half of the 400 employees at the Parsippany, N.J., headquarters of outsourcing firm Solix don’t report for work for two weeks around the December holidays—but the other half do. Members of a work group that specializes in business processes for schools and libraries mirrors the schedule of its clients, which typically are closed for the holidays.

How should we handle tip calculations that factor out credit card fees?

06/02/2010
Q. Our employees receive tips, and we take advantage of the tip credit toward the minimum wage. In the past, we have paid employees the full tip amount on credit card charges, even though we have to pay a percentage fee to the credit card company. It doesn’t seem fair that we should have to pay money that we don’t really receive. How may we resolve this fairly and legally?