Tag: wages

Technology Brings Tricky Twist on Old Issue—Hours Worked

What effect does your employees’ use of PDA’s have on wage and hour issues? Are you “suffering and permitting” when they respond to calls after hours? Is any time ever “de minimis?” Attorney Laura Innes tackles these questions and makes some recommendations for 2011. Compensable “hours worked” is all the time during which an employee […]

In Compliance with Wage/Hour? Not Likely

According to one recent survey, pay violations are rampant, says attorney Laura E. Innes, Esq. For example, more than a quarter of those surveyed reported that they had received less than the minimum wage in the previous week, and 60% of those reported being underpaid by more than $1 per hour. Innes, a shareholder in […]

Ask the Expert: We have an intern who has worked with our company for over 2 years. Are we subject to any liability by not including the intern in our benefits?

September 08, 2010 Issues with interns usually revolve around whether or not they are paid. Therefore, the DOL has created rules on this topic. I will provide them to you, even though they do not answer your question exactly, because they will allow you to see that if the intern has been working for you […]

EEOC, IRS, and Courts’ Take on (Your) Misclassifications

yesterday’s Advisor, attorneys Veronica Gray & E. George Joseph warned of the coming crackdown on misclassification of independent contractors. Today, factors considered by EEOC, IRS, and the Courts, plus, an introduction to a comprehensive audit system that helps avoid expensive lawsuits. Misclassification is high on DOL and IRS agendas, so it’s a good place to […]

DOL Says Plan Prevent Protect, Attorneys Say Audit Audit Audit

DOL is heading your way with $25 Million for increased enforcement and they expect to generate—from your company and others—$7 Billion of additional revenue over the next 10 years. To avoid getting ensnared in this web of increased enforcement, the solution is simple say attorneys Veronica Gray & E. George Joseph—audit, audit, audit. Gray and […]

Wage Theft Prevention Act Increases Duties, Stiffens Penalties for New York Employers

by Traycee Ellen Klein and Erin Carney D’Angelo On Monday, December 13, New York Governor David Patterson signed the Wage Theft Prevention Act (WTPA). According to the governor’s press release, the new law: enacts more stringent and transparent record-keeping and employee notification requirements; increases the amount of wages that can be recovered as damages in […]

A Defense Lawyer’s Pipe Dream – and the Dreaded Audit

In yesterday’s Advisor, attorney Brian LeMoine helped with preventing time thievery; today, his take on defending against lawsuits, and an introduction to a special 10-minute-at-a-time training system that will help prevent those lawsuits. Defense lawyers are suggesting they should be able to use the Faragher/Ellerth defense in FLSA cases, LeMoine says. Faragher/Ellerth is typically applied […]

Challenge: Prevent Off-the-Clock Work and Time Thievery

HR’s challenge: making sure employees are not working off the clock (working too much) while at the same time, making sure that they work when they are getting paid (working too little). And to make it a little tougher, there’s a new sheriff in town, says attorney Bryan D. LeMoine. And here’s her message: “I […]

Tough Conversations: ‘I can’t live on what you’re paying me’

In yesterday’s Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions, and an introduction to a unique 10-minute training system. Today’s tips are again from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Murphy is the principal consultant for HR Partner Advantage, an HR advisory firm based […]

Where’s My Raise?—How to Handle Tough Pay Conversations

We’ve gone through two tough years for compensation, and 2011 isn’t shaping up to be much better. And that means another year of tough questions from employees. Teresa Murphy and David Wudyka have some ideas about how to make those conversations go a little better. Murphy is the principal consultant for HR Partner Advantage, an […]