Practical HR Tips, News & Advice. Updated Daily.
We have a highly structured job classification plan. We have an opening for a “senior” position in a division and would like to offer the opportunity to the person with the next highest seniority on a trial basis to “see if he can do the job”.
By Susan Prince, JD The Federal Department of Labor (DOL) has released guidance on issues regarding the Home Care Final Rule. On December 17, 2015, the Wage and Hour Division (WHD) issued Field Assistance Bulletin 2015-1: Credit toward Wages under Section 3(m) of the FLSA for Lodging Provided to Employees to provide guidance on employers taking a credit […]
Question: If we are providing a reduced work schedule as an accommodation under the ADA for an exempt salaried person, may we reduce their pay based on hours worked?
We created a position 3 years ago that we now believe was misclassified as exempt/salaried and should have been non-exempt/hourly. We have had an individual in the position for the past 3 years and are going to change them to hourly ASAP. Importantly, we also want to address potential overtime worked during this time. What […]
By Susan Schoenfeld, JD In what could be construed as an “under the radar” move, in late 2015, the Office of Federal Contract Compliance Programs (OFCCP) quietly changed federal contractors’ contract threshold amounts for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503).
By Zachary D. Morahan, JD Most employers and their legal counsel are used to settling wage and hour claims in a simple and straightforward manner. Other than an agreement containing the appropriate terms and conditions, not much more was needed to settle such a claim before litigation began. With the exception of getting a case […]
We are planning to have one of our employees, who typically works Monday through Friday 8 a.m. to 4 p.m., live in one of our apartments for a reduced rent rate. In exchange for this, on the weekends he will empty the dumpsters and address any maintenance calls that may occur during the weekend. We […]
What is a common shift differential pay amount for hourly employees? Although the Fair Labor Standards Act (FLSA) does not require private employers to provide differential or premium pay to employees (outside of overtime pay of time and a half over 40 hours in a workweek), many employers will reward their employees with additional pay […]
By Gregory J. Wartman, JD A Pennsylvania federal court recently ruled that an arbitration agreement that a strip club forced an exotic dancer to sign was unenforceable because it imposed an involuntary, unknowing loss of collective action and class action rights under the Fair Labor Standards Act (FLSA).
Despite recent reports showcasing organizations that are increasing employees’ pay above the minimum wage, new research from Aon Hewitt, the global talent, retirement, and health solutions business of Aon plc, reveals that 72% of organizations with minimum wage employees currently do not have a plan to pay those employees above the mandated rate.