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Jun 26 2019
Wage and Hour

Q&A: Say what you mean in commission agreements

Answer: You do so at your peril. You promised certain payments if your sales team met specified goals. If this individual already put in the work to fully achieve those goals, then you are risking a lawsuit if you make a last-minute modification to your commission payout. Words of Caution In a recent California case,…

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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 nonexempt, making them eligible for…

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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 Standards Act (FLSA) with respect…

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Jun 21 2019
CaliforniaWage 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. A year ago, the court…

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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…

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May 17 2019
HiringWage and HourWashington

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 law takes effect on…

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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. The U.S. Equal Employment Opportunity…

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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 points to…

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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 performing equal work by…

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Feb 13 2019
Q&AWage and Hour

Q&A: Watch out for pattern of identical time card entries

Answer: Maybe. It makes sense, especially when trying to control your labor budget, to require approval of overtime work. However, under the federal Fair Labor Standards Act (FLSA), employers must pay an employee for any overtime worked, even when it wasn’t approved beforehand. Sometimes employees are reluctant to report any overtime worked, especially when the…

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Jan 11 2019
Q&AWage and Hour

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure for unpaid wages and…

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Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

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