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Wages & Hours

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.

Unauthorized overtime is your problem! Take steps to stop it–and punish rule-breakers

09/04/2012
According to the FLSA, even if you don’t know someone is working overtime, you can be sued if you underpay. The good news is you can crack down on unauthorized overtime by punishing an em­­ployee for failing to follow your clearly articulated no-unauthorized-overtime rule.

How to change pay scales without triggering age bias suits

08/24/2012
If you are contemplating changing your compensation structure to re­­flect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some senior employees for the work they do.

How must we accommodate breastfeeding?

08/21/2012

Q. One of our employees is on maternity leave. What are our obligations to accommodate her need to breastfeed when she returns to work?

How much flexibility do we have to set up alternative workweek schedules?

08/21/2012

Q. Our company employs nurses that care for patients in their homes. We would like to begin running 12-hour shifts and set up an alternative workweek schedule. What are the rules for instituting an alternative workweek for our employees?

Home nursing agency settles federal wage dispute

08/21/2012
Extended Health Care Private Duty Nursing, a Los Angeles-area home nursing agency, has agreed to pay $654,082 to settle a Fair Labor Standards Act complaint that followed a federal probe into its pay practices.

Breaks for nursing mothers: Just for nonexempts?

08/20/2012

Q. We have an exempt employee who just returned after giving birth. She says she needs to express milk three times a day and we have to let her. I thought the federal law says breaks were just for hourly employees. Do we have to give her this time? She’s away from her desk for 20 to 30 minutes each time.

DOL: Miami’s Barton G stiffed tipped servers

08/14/2012
The U.S. Department of Labor has ordered Barton G, the company that owns three renowned Miami fine-dining restaurants, to pay $28,000 to low-wage workers who did not receive minimum wage.

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

Use greater experience, extra skills to justify why you pay some employees more than others

08/07/2012
Some employees wrongly assume that discrimination must be to blame if someone doing the same work earns more than they do. But even under the Equal Pay Act, employers are allowed to value employees with more highly specific skills and experience.