10 Things You Don’t Want to Hear Supervisor Say


"Supervisors get between a rock and a hard place when management says “Get it done,” but also says “No overtime.” That’s when supervisors start saying things you don’t want to hear."

1. “Clock out and then set up for tomorrow, will you?”

This, of course, is a blatant violation of the Fair labor Standards Act, but it’s surprisingly frequent. Eventually, at least one employee is going to complain, and then you’re involved in a class action or collective action that could be very expensive once you factor in all the employees involved and project back two or more years.

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Throwing Stupid Money After Dumb Money (Retaliation)


"Retaliation claims mean that you’re paying stupid money, says attorney Dana Cotham. Stupid because retaliation is easily avoided. And, unfortunately, it doesn’t take much these days to rise to the level of retaliation."

SCOTUS Case that Changed the Rules

This change in the rules of retaliation was the result of a landmark Supreme Court case, Burlington Northern and Santa Fe Railway Co v. White 126 S. CT. 2405 (2006), says Cotham. Here’s her outline of the famous case:

  1. Ms. White drove a forklift for Burlington, the railroad company.
  2. She complained that her supervisor sexually harassed her.
  3. Burlington investigated.
  4. The supervisor was suspended for 10 days and required to attend training.
  5. Burlington transferred White to a “new” position repairing railroad tracks, a “worse” and much more physically demanding position.
  6. She filed a charge with the EEOC alleging two complaints of retaliation related to her transfer and alleged subjection to surveillance and monitoring.
  7. Shortly afterwards, Burlington suspended her without pay for 37 days. (Why? “Because they are idiots,” says Cotham.)
  8. White’s suspension ended when Burlington reinstated her with back pay as the result of a union grievance she filed.
  9. White filed an additional EEOC charge related to the suspension.
  10. A federal jury in Tennessee awarded her $43,500.00 in compensatory damages based on her retaliation claim. The company appealed. (They were at the Dollar Store, says Cotham. Why did they appeal? See Number 7.)
  11. The award was initially reversed on appeal but then later reinstated by a panel of the United States Court of Appeals for the Sixth Circuit.
  12. Burlington appealed to the United States Supreme Court.

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How To Handle Employee Pay During Winter Weather Closures: INFOGRAPHIC


"For this edition of the Compensation Daily Advisor, we present you with one of our favorite articles of 2012. Today’s Editor’s Choice article is How To Handle Employee Pay During Winter Weather Closures: INFOGRAPHIC."

When winter weather hits your area and impacts the workplace do you know when you are required to pay your employees? If your office or facility needs to close due to bad weather, what are the rules for paying employees under the Fair Labor Standards Act (FLSA)? How are the rules different for exempt vs. nonexempt employees?”

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Top 10: Compensation Daily Advisor Year in Review


"As we reach the end of 2012, we take a look back at some of your favorite articles. Here’s a list of the top 10 articles on the Compensation Daily Advisor website this year. Happy Holidays from the Compensation Daily Advisor staff-- Steve, Rafael, Denise, Allison, and Amanda."

Never Put These in a Job Description

Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions?

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How To Handle Employee Pay During Winter Weather Closures: INFOGRAPHIC


"When winter weather hits your area and impacts the workplace do you know when you are required to pay your employees? If your office or facility needs to close due to bad weather, what are the rules for paying employees under the Fair Labor Standards Act (FLSA)? How are the rules different for exempt vs. nonexempt employees?"

A new infographic from HR.BLR.com, “Winter Weather and the Workplace: FLSA, FMLA & When to Pay,” provides answers to these questions with easy-to-use ‘decision trees’ based on an employee’s specific circumstances.

Winter Weather and the Workplace: FLSA, FMLA and When to Pay Infographic

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