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Jun 14 2016
Employee BenefitsQ&AWage and Hour

Cash in lieu of benefits must be included in regular rate calculation for overtime

Answer: Yes. The money you are providing to the employees for opting out of medical benefits is considered cash in lieu of benefits and should be included in the regular rate calculation for overtime pay. Money must be included in the employee’s regular rate of pay if it is generally understood as compensation for work,…

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May 19 2016
Wage and Hour

ALERT: DOL reveals new salary level for salaried workers exempt from overtime

Today the U.S. Department of Labor (DOL) announced its final regulations raising the minimum salary level for salaried workers to be exempt from overtime. The rules take effect on December 1, 2016. Here’s what you need to know: The minimum salary level for exempt executive, administrative, and professional employees will be $913 per week, or…

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Apr 28 2016
Wage and Hour

Pre-Shift and Post-Shift Activities: Should the Time Spent Briefing Employees be Paid?

An employer in Texas will pay $460,853 to compensate 239 employees who weren’t getting paid for the time they spent staying after their shifts to update incoming workers. The oil refinery employees were scheduled to work 12-hour shifts, but at the 12-hour mark, they had to update incoming employees on what had happened during their…

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Mar 18 2016
Wage and Hour

Employers liable for double damages for exempt status misclassification

A call center employer in Idaho has been ordered to pay misclassified employees not only for their actual unpaid overtime, but also an equal amount as liquidated damages, doubling the company’s liability. The employer had classified its “trainers” as exempt from overtime pay based on the supervisory and management tasks that they thought the employees…

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Mar 08 2016
Q&AWage and Hour

Requiring reimbursement of training costs can be tricky

Answer: Maybe, but use caution. First, we advise that you check your state laws on payroll deductions. Most states don’t allow payroll deductions under these circumstances, so it’s unlikely you’ll be able to recoup your costs by deducting money from a departing employee’s final paycheck. See our Legal Guide, “Payroll Deductions,” for information on this…

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Feb 18 2016
Wage and Hour

EEOC proposes to add pay and hours to EEO-1 Report requirements

A proposed expansion of the EEO-1 Report would require all private employers with at least 100 employees to provide data on compensation and hours worked. For many years, employers with at least 100 workers (or 50 workers and $50,000 in federal contracts) have been required to submit EEO-1 Reports by September 30 each year. These…

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Jan 11 2016
Q&AWage and Hour

Off-duty review of email may trigger overtime

A: Generally yes. If you expect an employee to monitor and respond to email as part of their job, that activity would generally be considered integral to their work and therefore compensable. The only exception would be whether the time could be considered “de minimis,” meaning that the time is too insignificant and difficult to…

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Nov 02 2015
Q&AWage and Hour

When to pay travel time for non-exempt employees?

A: Under federal wage and hour law, if you are sending a non-exempt employee out of town and the employee will be away overnight, then you’ll have to pay for time spent in transit (whether in a plane, car, etc.) to the extent that this time corresponds with the employee’s regular hours of work. This…

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Oct 20 2015
Wage and HourWashington

Washington Employers: You don’t have to “police” employee meal breaks

Washington employers can let out a collective sigh of relief due to a recent federal district court decision reaffirming that they are not required to “police” employee meal breaks to make sure employees are taking them. Employers are only required to give employees a meaningful opportunity to take the meal period. Washington’s meal period regulation…

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Oct 15 2015
CaliforniaHarassment & DiscriminationLabor Relations

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant. Unless otherwise indicated, these bills take effect on January 1, 2016. SB 358: The California Fair Pay Act dramatically expands the ability of workers to sue for sex discrimination in payment of wages….

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Aug 24 2015
Q&AWage and Hour

What’s the risk in paying a non-exempt employee a salary rather than hourly wage?

A: Yes. The biggest risk is that you will not pay them correctly under wage and hour law. Even if an employee is paid a salary, if the employee doesn’t meet the requirements to be exempt from overtime, he or she must be paid 1.5 times their regular hourly rate for all hours worked over…

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Apr 16 2015
Wage and Hour

Waiver of 2nd meal period for shifts over 12 hours invalid in California

A California appeals court struck down an Industrial Welfare Commission (IWC) order that allowed employees in the health care industry to waive a second meal period for shifts longer than 12 hours. California Labor Code 512(a) says employers generally must provide a second meal period for work periods of more than 10 hours, but employees…

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