Wage & Hour: WHD

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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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


Performance Appraisals—10 Most Common Sins

"Performance appraisals—love them or hate them, it’s easy to make expensive mistakes. We’ve collected the most common errors of managers and supervisors who conduct performance appraisals. We call them the “10 Sins.”"

Sin #1. Failure to set meaningful goals

“Well, Sandy, I think we did fairly well this year, eh?”
“Tracy, I was sort of hoping you’d make more progress this year.”

Evaluation is difficult when there aren’t clear, measurable goals. Many experts recommend the S-M-A-R-T approach to setting goals. That means goals should be:


Top 10: Compensation & Benefits Daily Advisor

"Here’s a list of the top 10 posts on the Compensation & Benefits Daily Advisor so far this year."

9 Thinks You MUST NOT Include in Your Documentation

Yesterday’s Advisor presented Attorney Franck Wobst’s key things you should include in documentation. Today, 9 things not to include, plus an introduction to Employee Compensation in Your State.


Must Employers Pay for Commute Time When Telecommuters Have to Come in?

It’s prudent to pay close attention to travel pay regulations because travel-related issues pose a significant risk for wage and hour claims. This is, unfortunately, an often-overlooked area.


Avoid Legal Jams on the Wage and Hour Highway

"Pay for travel time is an ongoing challenge for most comp and benefits pros. Different wages for travel and work? Nonexempts travelling overnight? When commuting ends and work begins? Attorney Robert Wenbourne sorts it all out."

Regular Commuting

The time employees spend commuting to and from their regular place of work each day is not work time. (But the same standard may not apply to an accident on the way to work, where there could be issues under workers’ compensation or vicarious liability theories, cautions Wenbourne.)


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