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Showing posts for: Wage and Hour

May 16 2013
Q&AWage and Hour

Should I take the Time to Audit my I-9s?

A: It’s always a good idea to periodically conduct an audit of your I-9s, especially if you have questions about their accuracy. Doing so can help demonstrate in any later government audit that you take I-9 compliance seriously. Be sure to follow the same procedure with each I-9 you review, and any changes you make…

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Apr 11 2013
Wage and Hour

CALIFORNIA: After-hours emails, texts and phone calls equal big overtime

A voluminous workload, combined with an employment policy forbidding employees from entering overtime on their timesheets, led to one employee filing a claim for unpaid overtime due to her off-the-clock activities. The employee was given more work than could be completed in a typical eight-hour day and, within her first few weeks of work, she…

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Apr 04 2013
Wage and Hour

Deducting from PTO for Salaried Employees

We have a salaried employee reaching the end of her PTO allotment. She has some vacation and assorted medical appointments coming up. Can we require her to accrue a negative PTO balance? Can we deduct the negative balance from her final paycheck if she leaves? You can require her to run a negative PTO balance,…

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Mar 08 2013
Wage and Hour

Alert: Revised I-9 form is now available and will be mandatory effective May 7, 2013

A new version of Form I-9 is now available and will be mandatory effective May 7, 2013. The U.S. Citizenship and Immigration Services (USCIS) clarified the instructions and expanded the form itself to two pages. The additional guidance and new layout is intended to reduce confusion for employers and workers. The revision date on the…

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Dec 05 2012
Q&AWage and HourWashington

Are My Independent Contractors Really Employees?

A: Be careful with your independent contractor classifications. The Washington Supreme Court recently adopted an “economic dependency” test, which means that if an individual is economically dependent on the company, he or she is considered an employee under the state minimum wage law. If these individuals work exclusively for you and perform work that is similar…

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Aug 07 2012
Q&AWage and Hour

Hiring Summer Groundskeepers

A: No. Workers under the age of 16 cannot operate tractors with more than 20 PTO horsepower (which might suggest that a riding mower could be okay if it’s under 20 HP); however, there is a specific prohibition in Washington on children under the age of 16 operating power lawn mowers and other powered lawn-care…

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Jul 22 2011
CaliforniaWage and Hour

CALIFORNIA:  California overtime covers out-of-state residents working in California

Nonexempt employees who work in California for a full day or a full week are covered by California overtime law, even if they reside in another state, ruled the California Supreme Court. The U.S. Ninth Circuit Court of Appeals came to the same conclusion in 2008, but later withdrew their opinion and asked the California…

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Jun 09 2011
Affirmative ActionImmigrationWage and Hour

Federal agencies promise to coordinate enforcement of employment laws

The U.S. Department of Labor (DOL) has taken significant steps to coordinate with other federal agencies in enforcing employment laws. The DOL has signed a new Active Case Enforcement” procedures during an affirmative action audit. Before beginning an audit, DOL’s Office of Federal Contract Compliance Programs (OFCCP) will check with other federal agencies to find…

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Mar 23 2011
Wage and Hour

Supreme Court says verbal wage complaints protected

Employers can’t fire workers for verbally complaining of wage-and-hour violations, ruled the U.S. Supreme Court yesterday. An employee repeatedly told management and HR representatives that the company was violating the law by placing the time clock so it wasn’t accessible until workers put on the protective gear required for a clean-room environment and then walked…

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Mar 14 2011
CaliforniaWage and Hour

CALIFORNIA: Rest and meal period violations warrant up to two penalty payments per day

226.7 assesses a penalty of one hour of pay (called a “premium payment”) against an employer who fails to provide rest or meal periods to its employees. In a recent court case, a group of UPS employees sued the company for rest and meal period violations. This case resulted in a decision by the court…

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Nov 05 2010
Wage and Hour

Time to “fall back” on November 7

Remember to set your clocks back one hour when Daylight Saving Time ends Sunday, November 7, 2010, at 2 a.m. If you’re not working during the time change, enjoy your extra hour of sleep. For employees who normally work eight hours on the night shift, they may work nine hours that day (e.g., from 11…

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Nov 04 2010
Wage and Hour

Court limits application of Lilly Ledbetter Fair Pay Act

In a small victory for employers, the Third Circuit U.S. Court of Appeals recently ruled that the Lilly Ledbetter Fair Pay Act (FPA) applies solely to compensation claims. The FPA allows employees to file a lawsuit against their employers for discrimination in pay, but what’s unique about the law is that it treats the payment…

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