Reporting Time Pay Varies By State

February 18th, 2011 Posted by Amelia

During , many offices and businesses will close early. While last week’s post examined payment when the business is closed or remains open all day, different rules apply when the employer opts to close the workplace early.

 

Many states have reporting pay laws that guarantee an payment for a minimum number of hours when the reports for a scheduled shift. In those states, even if the works only 5 minutes, or reports to work but does no work at all, the is entitled to a minimum payment.

 

There is no requirement for reporting pay under federal law. The federal or Fair Labor Standards Act requires only that employees be for time worked.

 

Laws vary from state to state, but many times reporting pay is not required if the employer made a good-faith effort to inform the employee in advance that the business would be closed or that the employee’s schedule has been changed.  Many states also exempt employers from when a business is closed due to an act of God, as when a tornado or flood destroys the building.

 

According to , the Society for Human Resource Management, seven states plus the have reporting time pay laws that affect adults: , Massachusetts, Connecticut, New Hampshire, New York, New Jersey and Rhode Island. has a reporting time pay that applies to minors only.

 

A brief summary of reporting time pay laws by state: (more…)

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Unpaid Interns in California

April 28th, 2010 Posted by Cara

California employers will find it easier to hire interns this summer after the state or Division of Labor Standards Enforcement issued new standards.

 

The new California guidelines for unpaid interns match the federal guidelines under the , the . Previously, the state of California imposed 5 additional criteria for interns. Employers had to meet all 11 criteria in order for a worker in California to be considered an .

 

The DLSE announced in an opinion letter issued  April 7, 2010 that it will revert to the federal criteria for establishing the status of unpaid intern under California labor laws, including the state minimum wage and laws. The opinion letter was issued to attorney Joseph Ambash in response to his query regarding the educational program Year Up!, a program to (more…)

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California Approves Exempt Salary Reduction

October 16th, 2009 Posted by Amelia

The California Labor Agency recently issued an opinion allowing employers to reduce an employee’s and hours worked, at the same , without endangering the worker’s status as a salaried .

 

In the example used, the state labor agency permitted an employer faced with economic difficulties to reduce the work schedule of exempt employees from five days to four days. The state or Department of Labor Standards Enforcement ruled in a recent opinion letter that simultaneously reducing the employee’s salary by 20%  “did not violate the ‘salary basis’ for the workers’ exemption under the state Labor code and wage orders” as long as the employer’s action is a measure.

 

This is a radical change, since the DLSE took the opposite position in 2002. In an opinion letter issued in that year, the agency ruled that the employer could reduce an employee’s salary. However, if the employee’s work hours were also reduced, that change the employee from exempt to status.

 

This is a primary concern for California employers, since non-exempt employees are entitled to overtime under state . California has the strictest (more…)

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California Wage and Hour Law

May 13th, 2009 Posted by Amelia

Employers who neglect to pay court-ordered restitution face hefty fines and penalties under both and federal .

 

In a recent California case involving Southern California Cleaning Service, a federal judge ordered the company to pay an additional penalty of $2,400 per day, for each day that the payment is delayed.

 

Even worse, the court also found the two owners of the company in contempt, and ordered them each to pay an additional $200 per day penalty. Further violations could result in them being jailed for contempt of court.

 

Both the fines will continue on a daily basis until the employees are in full.

 

In addition, the company was ordered to pay $227,701 in interest – 4.4% — on back wages of almost $3.5 million, plus $1 million in liquidated damages to workers.

 

The company’s troubles began in 2007 when the U.S. Department of Labor won a lawsuit against the southern California employer.

 

The judge in that case determined that had improperly classified nearly every (more…)

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Holiday Shutdowns and Exempt Employees

November 7th, 2008 Posted by Cara

With the current , many employers are considering giving workers additional off during the holidays. This includes giving workers Friday, November 28 (the ) and/or Friday, December 26 (the day after ) off without pay.

 

Other employers are considering closing for an entire week between Christmas and New Years.

 

However, these tactics raise issues around the payment of that every employer needs to be aware of. (more…)

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