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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OFCCP on Pay Equality: ‘We Must Do More’

Compensation Planning | Monday, May 20th, 2013


"“… we can and must do more—from updating our regulations and collecting better data to working with employers to improve compensation systems and teaching workers how negotiate for fair pay,” said Pat Shiu, Director of the Office of Federal Contract Compliance Programs, opening the “Equal Pay Chat.”"

Latifa Lyles, Acting Director of the Women’s Bureau (WB), noted that today, full-time female workers earn on average only 81 percent of what their male counterparts earn. For African-American females and Latinas, the wage ratio is substantially lower: 68 cents and 59 cents, respectively. But the real cost of the pay gap is more than 18 or 23 cents on the dollar. The real cost is much higher. The consequences of a pay gap affect women, their families, and our nation’s economy.

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3 FLSA Danger Zones—Off-the-Clock, Travel Time, Independent Contractors

Wage and Hour | Tuesday, April 23rd, 2013


"Yesterday’s Advisor featured highlights from law firm Littler Mendelson’s special report, “Hot Wage and Hour Issues for Home Healthcare Employers.” In today’s issue, more wage/hour tips, plus an introduction to the wage/hour audit guide that lets you find problems before the feds do."

Note: Find the complete Littler Report here.

Compensable Work Outside of Patient Care Duties

Some preshift or postshift activities may be compensable, the Littler Report says, if they are “an integral and indispensable part of the principal activities.”

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Hot Wage/Hour Issues (Littler Report)

Wage and Hour | Monday, April 22nd, 2013


"Every employer can benefit from the practical tips in law firm Littler Mendelson’s special report, “Hot Wage and Hour Issues for Home Healthcare Employers.”"

Note: Find the complete Littler Report here.

Compensable Work Outside of Patient Care Duties

Some preshift or postshift activities may be compensable, the Littler Report says, if they are “an integral and indispensable part of the principal activities.”

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Don’t Lawyer Up Too Quickly

Compensation Administration | Thursday, April 18th, 2013


"Special from SHRM’s Legal and Legislative Conference
Note to Manager: Don’t Lawyer Up Too Quickly "

Yesterday’s Advisor featured SHRM’s top-rated speaker, Attorney Jonathan Segal, who offered the first 10 of his “they won’t tell you, but I will” principles. Today, 11 to 15, plus an introduction to the handy wage and hour guide that helps you solve little problems before they become big and expensive ones.

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Tough Love: Your Employees Won’t Tell You, But I Will

Compensation Administration | Wednesday, April 17th, 2013


"Special from SHRM’s Legal and Legislative Conference
Tough Love: Your Employees Won’t Tell You, But I Will"

Attorney Jonathan Segal, SHRM’s top-rated speaker, has been listening to what employees say about HR and compensation, and he’s distilled what he learned into 15 principles all managers should abide by.

Segal, who is a partner with law firm Duane Morris LLP in Philadelphia, shared what he’s found in engagement surveys, discussions with CEOs and COOs, and his own observations in a well-attended session at the SHRM Employment Law and Legislative Conference, held recently in Washington, D.C.

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Little-Known Facts About Overtime

Wage and Hour | Thursday, April 4th, 2013


"Yesterday’s Advisor reviewed the challenging rules for calculating the “regular rate” of pay. Today, some more details on several common, but tricky, situations, plus an introduction to the guide that answers all your wage and hour questions."

Here are some little-known facts around overtime. Actually, it’s not so much that they are little known as oft ignored.

Holiday/Sick Pay Not Included

Only hours actually worked count in the overtime calculation. Therefore, holidays not worked, vacation days, sick days, etc., are not counted. The fact that an employee receives holiday pay, vacation pay, or sick pay is of no consequence for overtime purposes. The test is hours worked rather than hours paid.

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Overtime = 1.5 Times the Hourly Rate, Right? Wrong.

Wage and Hour | Wednesday, April 3rd, 2013


"Overtime calculation is simple—1½ times the hourly rate for hours over 40 in a week, right? Wrong. It’s 1½ times the “regular rate,” which is often not the same as the hourly rate. This is one of the most common wage-hour misconceptions—and violations."

The regular rate must include the reasonable cost of meals, lodging, and other facilities provided to the employees, nondiscretionary bonuses, on-call pay, shift differentials, and cash benefit payments from Section 125 Cafeteria Plans and other forms of compensation not specifically excluded from overtime laws by the Fair Labor Standards Act (FLSA).

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Risks of Noncompliance with Employment Law Increase Say BLR Editors

Compensation Administration | Thursday, March 28th, 2013


"BLR’s HR editors recently shared their insights about challenges in 2013. In today’s Advisor, why compliance is going to get tougher in 2013. BLR’s HR editors recently shared their insights about challenges in 2013. In today’s Advisor, why compliance is going to get tougher in 2013, plus an introduction to the guide especially geared to smaller or one-person HR departments. "

For 2013,  it’s likely that the risks of noncompliance with employment-related laws are just going to get higher, BLR editors agreed.

First of all, DOL and other agencies are focusing on enforcement. They have more attorneys; they have additional statisticians, inspectors, and investigators; and they have the budget for more staffing.

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The 4 Approaches to Pay Structure

Compensation Planning | Tuesday, March 19th, 2013


"In yesterday’s Advisor, consultant Jennifer Daniels offered tips for dealing with the rising challenge of hiring and retention; today, her take on pay structures, plus an introduction to the wage/hour self-audit—the best way to identify violations before the feds do. "

For companies that have cut back on pay for a few years (who hasn’t?), it’s time to take a look at your status, says Daniels, who is senior consultant at Keating Advisors, LLC. You may well have fallen behind or your structure may no longer align with your strategies.

Review Your Current Base Pay Structure

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Littler’s EEOC Activity Report—No Relief for Employers

Compensation Administration | Monday, March 11th, 2013


"Littler Mendelson’s recently-released Annual Report on EEOC Developments—Fiscal Year 2012 shows that there will be no letup on employers in 2013. The report indicates that the agency recovered a total of $365.4 million in monetary benefits in FY 2012, the highest level ever achieved through the administrative process. Employers beware."

Why Pay Is an Easy-to-Litigate Issue

Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury to see.

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