Wage and Hour

The body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety. Download a Free Report on Wage & Hour
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An Employee Breaks Your Stuff—Now What? Can You Make Him Pay?

A manufacturing employee fails to follow proper procedure and damages an expensive piece of company equipment. An administrative aide uses a company computer to access pornography and causes a virus to infect the company’s computer system. A terminated sales person fails to return a company cell phone. These and similar scenarios are all too familiar to employers.


Wage and Hour Lawsuits: Beware “The Big Three”

Wage and hour just shouldn’t be that hard, but the lawsuits keep coming, and the dollar amounts are staggering—especially when class actions amplify fees, fines, and judgments.


Proposed Changes to the Rule Prohibiting Gender-Based Compensation Discrimination

Yesterday, BLR® Senior Legal Editor Susan Schoenfeld, JD, explained some of the parameters of a proposed rule issued in January by the Office of Federal Contract Compliance Programs (OFCCP) that would change and modernize its existing sex discrimination guidelines. Today, Schoenfeld looks specifically at the proposed changes in the compensation realm.


New Sex Discrimination Guidelines Proposed: What Does This Mean for Your Compensation Plan?

This past January, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed rule to change and modernize its existing sex discrimination guidelines, which were originally issued in 1970. Today, BLR® Senior Legal Editor Susan Schoenfeld, JD, explains what these changes would mean for employers.


Smartphones Policy—Steps to Take

Yesterday’s Advisor discussed the wage and hour dangers of employee cell phone use; today, help with cell phone policies.


Smartphones—Don’t Be Stupid About Wage/Hour Pitfalls

Ever wonder if your nonexempt employees are sneaking a peek at work e-mail off the clock? asks Tammy Binford, writing on HrHero.com®. Wage/hour danger ahead.


FLSA in 2015—Danger Zones

FLSA lawsuits are at an all-time high, and this is the seventh consecutive year of increases. Why the change? Attorney Charlie Plumb explains.


Once More with Feeling … and Paying

Other than paying the minimum wage, paying overtime is the most basic wage/hour rule there is, yet here are companies like Shell Oil and LinkedIn paying penalties of $4.6 and $6 Million. A word to the wise?


The 10 Most Costly Management Mistakes—and How to Avoid Them

"Attorney Aaron Zandy, SPHR, uses essentially this opening statement at the beginning of every trial. But, he says, “sometimes it’s easier than others.” Here’s the statement:"

“It’s a case of perception vs. reality. The plaintiff perceives he (she) was disciplined, retaliated against, and harassed.  The reality is different. He (she) was terminated for a legitimate, non-discriminatory, non-retaliatory reason by a professional, well-trained manager with supportive documentation.”


Best Practices from Former Wage and Hour Administrator

"SPECIAL from SHRM Annual Conference and Exposition, Orlando In yesterday’s Advisor, Attorney Tammy D. McCutchen offered tips for avoiding wage and hour lawsuits and charges. Today, McCutchen, former administrator of the wage and hour division at the Department of Labor and principal at the Littler Mendelson law firm in Washington, D.C., offers best practices."

Timekeeping and Payroll Best Practices

McCutchen suggests HR managers pay attention to the issues below. McCutchen made her comments at the SHRM Annual Conference and Exhibition, held recently in Orlando.

Causes of Off-the-Clock Claims

  • Paying shift time
  • Failing to capture pre- and postshift work (booting up time, preshift meeting time, etc.)
  • Automatic deductions for unpaid meal breaks
  • Exception time reporting
  • Paper timesheets
  • Inconsistent time and payroll records


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