Practical HR Tips, News & Advice. Updated Daily.
Employers in several states are facing a new definition of “joint employment” under federal wage and hour law. The 4th U.S. Circuit Court of Appeals has adopted a broad test for determining whether two employers are jointly liable for back pay and damages in those claims, making it easier for workers to show a joint […]
Question: Can an employer refuse to pay an employee for time worked and/or overtime, if employee did not clock in for this time worked? Can an employer refuse to pay an employee for overtime, if company policy clearly states that overtime must have prior approval?
The practice of allowing employees to work from home—known as telecommuting—is a growing trend. Today’s technology allows many employees to work from anywhere. Telecommuting can be a plus for both you and your employees. Your company benefits because you pay less in fixed overhead costs when you don’t have to provide a traditional office for workers, and employees often enjoy the flexibility of working from home.
Employers cannot require that workers in California remain “on call” during mandatory rest breaks, the state’s Supreme Court has determined.
A recent U.S. Department of Labor (DOL) settlement serves as a reminder for employers with tipped employees: you cannot require workers to share tips with nontipped staff. Doing so can leave an employer liable not only for the misappropriated tips, but also—because of a provision in the law—for back minimum wage and overtime payments that […]
As we head into the heart of the winter storm season, it is inevitable that employers could face some severe snowstorms and blizzards in February. Hence, this is an excellent time to brush up on the wage and hour laws, which dictate whether you are required to pay salary or hourly wages to employees who are unable to get to work during a blizzard or severe snowstorm. Here is a timely refresher article on these issues.
Question: We terminated an employee for falsifying payroll records and receiving pay for shifts she did not work. Can we issue her a last paycheck for hours worked and then keep the money to apply to her theft of over $100,000?
Variable work scheduling practices such as call-in shifts and on-call arrangements create some gray areas in terms of what is considered “work” time that therefore needs to be compensated. As a result of these gray areas, as well as complaints from employees who have variable work schedules, various pieces of legislation have been introduced—and litigation […]
Question: We had a store meeting. One employee was off and only came in for the 45 minute meeting. She is saying she is entitled to 2 hours of pay. Do I owe her for 2 hours or just the 45 minutes. She says there is a minimum of 2 hours for working.”
What are the benefits for employers for instituting variable work schedules for their employees such as call-in shifts and on-call status? How do these schedules work? Who uses them? And why have some major employers recently abandoned such practices? Speaking to an audience of HR professionals and employers at BLR’s Advanced Employment Law Symposium (AEIS), […]