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Wages & Hours

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi

Overtime Pay Not Affected by Worker’s Shift Switch

12/01/2002

Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas

Off-work months during grievance don’t count toward FMLA eligibility

11/01/2002
Plant worker John Plumley was off the job for six months while he dealt with a grievance filed under the collective bargaining agreement. Ultimately, an arbitrator reinstated Plumley and awarded him …

Tip-pooling with management violates FLSA

11/01/2002
A restaurant required waiters to pool their tips and share them with busboys and managers who worked the floor. The waiters sued under the Fair Labor Standards Act (FLSA). The employer …

Equal Pay Act: Erase the sex from your pay grades

11/01/2002
THE LAW. The Equal Pay Act (EPA) of 1963 prohibits employers from dishing out different wages or bene-fits on the basis of gender for “equal work on jobs (requiring) equal skill, …

Giving Exempt Employees Extra Pay Is Risky Business

11/01/2002

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal? —C.H., Colorado

Accommodate Reduced Hours For Pregnant Worker

11/01/2002

Q. I have a salaried employee who is pregnant. She brought in a doctor’s note that says her hours need to be cut to six per day. Can I either reduce her pay or have her work six days a week? —M.S., Virginia

Who Pays for Uniforms?

11/01/2002

Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it? —L.B., Massachusetts

Sleeping on the job doesn’t pay–this time

09/01/2002
The manager of a group home was required to work a regular, eight-hour day and remain at the home overnight. He was paid for a standard, 40-hour workweek and sued, alleging …

Feelings of exploitation, ‘e-overtime’ lead to rise in wage lawsuits

09/01/2002
Taking work home and working off the clock is causing employees to feel they’re being taken advantage of by their employers. And letting the situation fester is contributing in a big …