Practical HR Tips, News & Advice. Updated Daily.
By Bonnie M. Boryca Employees often rely on the Nebraska Wage Payment and Collection Act (WPCA) when they bring claims for unpaid back wages and withheld compensation. The WPCA guarantees a lot of rights for employees—but can it form the basis for class claims alleging unpaid wages for the time workers spent donning and doffing […]
A worker had a work comp hearing in a different city than where he works (about a 2 hour drive). He is asking us to pay him for the time he couldn’t work because he had to travel and attend the work
By Michael Futterman, J.D. and Jaime Touchstone, J.D. Performance Team Freight Systems is a motor carrier company involved in warehousing, shipping, and distributing merchandise from the ports of Long Beach and Los Angeles to locations throughout California. Performance Team retained truck drivers as “independent contractors” to transport goods. From 2012 to 2014, a number of […]
by Tammy Binford The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized.
An employee was sent home for a company policy violation. Can the supervisor send her home for a week with the employee’s option to use her PTO otherwise the week will be without pay? There haven’t been any written warnings nor do we have this discipline action in any handbook.
By Elizabeth Bowersox, JD The number of overtime and minimum wage claims filed against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that hike comes an increased risk of FLSA retaliation claims.
Under the Fair Labor Standards Act (FLSA), employers must pay employees at least the minimum wage for all hours worked. This sounds simple enough. But what does “hours worked” mean in this context? Does it mean just the hours that the employee is scheduled? What about time spent on call? What about break time? What […]
By Amelia J. Holstrom, JD Massachusetts law, like federal law, requires employers to pay hourly employees overtime compensation for all hours worked in excess of 40 in a workweek. Under Massachusetts law, however, if an employee succeeds on a claim for unpaid overtime, she is automatically entitled to recover triple damages.
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
By Susan Prince, JD Employers, get ready for a busy summer!