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Wages & Hours

Furloughs and unpaid time off create wage-and-hour problems

04/07/2009

Family-friendly practices have suddenly taken a back seat as struggling businesses focus on the bottom line. Now employers are looking for other ways to give employees time off, albeit involuntarily. But when employers impose furloughs, forced shutdowns and reduced work schedules on exempt salaried employees in increments of other than a full week, it can jeopardize exemptions under the FLSA.

Can we dock a worker for not wearing a company shirt?

04/07/2009

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?

Expect ‘lawsuit tsunami’ in wake of Ledbetter Fair Pay Act

04/07/2009

On Jan. 29, President Obama signed the Lilly Ledbetter Fair Pay Act, which may be the most important change in anti-discrimination laws in decades. It applies to all pending compensation-related lawsuits, but limits back pay to two years. Employers can look ahead to many years of legal wrangling over the interpretation of the seven key words of the act: “a discriminatory compensation decision or other practice.”

Must we pay workers’ weekend travel time to new location?

04/07/2009

Q. We are closing one facility and laying off a large number of workers. In lieu of immediate layoffs, however, we want to temporarily transfer some maintenance employees from another facility 800 miles away. They have agreed to perform this work, which will take about three months. Do we have to pay them for the time spent traveling to the new work location, which will occur over a weekend?

Ledbetter’s lesson: Revamp salary guidelines to make pay as fair as possible

03/31/2009

Now that the Lilly Ledbetter Fair Pay Act is the law of the land, it may be time to revisit how you set starting and incumbent salaries. If you currently allow managers and supervisors flexibility on pay issues, consider reducing that discretion.

To do this week: Confirm new tax withhholding, begin using new I-9s

03/31/2009

HR pros have two important items to add to their to-do lists this week:

  • Ensure that this week’s payroll reflects more generous federal income tax withholding levels mandated by the economic stimulus law enacted in February.
  • Start using the new Form I-9 on Friday, April 3.

May we supplement unemployment comp benefits for temporarily laid-off workers?

03/30/2009

Q. We need to temporarily lay off some employees. It will be hard for them to make it on the amount of unemployment benefits. Can we supplement their unemployment benefits without interfering with the unemployment benefits?

If we supplement unemployment comp benefits, must we pay FICA/FUTA on it?

03/30/2009

Q. If we have a Supplemental Unemployment Pay Plan to supplement unemployment benefits, do the company and the employee have to pay FICA and FUTA taxes on the supplemental pay?

School district pulls salary scale bait-and-switch

03/26/2009

A hearing examiner for the Pennsylvania Labor Relations Board has ruled the Loyalsock Township School District engaged in an unfair labor practice when it failed to release the salary scale the district and teachers’ union agreed upon in the final contract.

Can we deduct partial days off from salaried employees’ accrued leave?

03/26/2009

Q. If a company tracks employees’ vacation, sick and personal time off, can we make deductions from accumulated time for everyone who takes time off, including salaried employees? I’m talking about deducting it from the accrual, not the pay. I’ve heard that I can’t deduct vacation, sick leave or personal time if the salaried employee worked at least four hours during that day.