Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Wage and Hour

Photo of Kandis Sells
Jul 16 2019
Q&AWage and Hour  

Q&A: Be careful how you round employee work hours

Question: We recently changed to a new timekeeping and payroll system, and the new system sometimes rounds down the amount of time an employee worked. Is that legal?   Answer: Probably, but it depends on how much time is rounded down and the state in which the employee works. A recent opinion letter…

Read More…
Photo of Karen Davis
Jun 26 2019
Wage and Hour  

Q&A: Say what you mean in commission agreements

Question: One of our salespeople landed two huge contracts. Under the terms of the commission agreement, this salesperson would earn nearly $3 million. But we never anticipated paying anyone that much money. We reserved the right to amend the plan. Can we cut the commission payment?

Read More…
Photo of Sonia Reynolds
Jun 24 2019
Wage and Hour  

DOL proposes to increase FLSA overtime exemption salary threshold

The U.S. Department of Labor (DOL) is proposing to increase minimum salary levels under the Fair Labor Standards Act (FLSA) overtime exemption rules for executive, administrative, and professional employees. If the proposed rules are finalized, the DOL states that over a million current salaried exempt employees will be designated as…

Read More…
Photo of Kara Craig
Jun 21 2019
Wage and Hour  

Employer must pay for time spent studying for work-related exam

A federal district court in Arizona recently ruled that employees must be paid for time spent studying for written tests that they were required to pass in order to complete on-the-job training. A group of long-haul truck drivers filed a lawsuit against their employer alleging violations of the Fair Labor…

Read More…
Photo of Jodi Slavik
Jun 21 2019
Wage and Hour  

$102M awarded for wage statement and meal violations in California

A federal district court in California recently awarded Wal-Mart employees $102 million in damages and penalties for missed meals and insufficient wage statements. The class action claim was divided into three parts: missed meals, wage statements missing hourly rates, and final pay statements without pay period start and end dates.…

Read More…
Photo of Matt Norris
Jun 10 2019
Q&AWage and Hour  

Q&A: Federal and state overtime laws may not be the same

Question: We have a salaried manager who sometimes helps out with production. Is he still exempt from overtime even though he doesn’t always work as a manager?   Answer: Maybe. Under the federal Fair Labor Standards Act (FLSA), managers are exempt from overtime requirements as executives if they’re paid high-enough salaries, they customarily and regularly…

Read More…
Photo of Kandis Sells
May 17 2019
HiringWage and Hour  

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new…

Read More…
Photo of Karen Davis
May 06 2019
Wage and Hour  

Two years of pay and hours data due by 9/30/19 for EEO-1 Report

Not only must employers submit data on pay and hours worked during 2018 on the newly expanded EEO-1 Report by September 30, 2019, but they must also include pay and hours data from 2017. The requirement to provide pay and hours data applies to employers with 100 or more employees.…

Read More…
Photo of Karen Davis
Apr 30 2019
Wage and Hour  

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019 September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key…

Read More…
Photo of Sean Brown
Apr 02 2019
Wage and Hour  

Technicality overturns 9th Circuit decision regarding use of prior salary

Due to a technicality, the U.S. Supreme Court recently threw out the Ninth Circuit Court of Appeals’ 2018 decision that barred employers from using prior salary history to justify paying employees less than their opposite-sex colleagues. The federal Equal Pay Act allows employers to explain pay differences between men and women…

Read More…