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Wages and Hours

On-Call Disputes Create Litigation Dangers

September 13, 2009
'On-call' arrangements are common in many industries, but some employees are claiming that their on-call assignments are so restrictive that they should be considered ‘on duty’ and therefore be entitled to their hourly wage (including overtime pay). In the face of this new scrutiny, you can safeguard your facility by reviewing your policies, with special attention to several practices than can bring problems.
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Recent Settlements Should Alert Employers

Two settlements provide examples of preventive measures that an employer should consider taking to avoid litigation. In addition to paying employees for all hours worked and making rest and meal breaks available where required by law, electronic tracking programs may provide for increased accuracy of time recording. Employers should also ensure that their employee handbooks and policies are updated regularly to comply with the law, and that employees, management and human resources personnel are aware of employee rights and responsibilities.
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N.Y. Attorney General Blisters Banks in Scathing Report to Congress

July 31, 2009
Although banks claim to link pay to performance, Andrew Cuomo accused the firms of failing ‘to follow any objective or consistent principles’ in setting pay, which he called ‘simply a one-way ratchet up. … Large payouts became a cultural expectation at banks and a source of competition among the firms.’
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SHRM, Democrats Tangle Over Paid-Sick-Days Bill

June 11, 2009
The HR organization’s China Miner Gorman warns that the legislation mandating paid sick days would foist new requirements on employers that could turn out to be as difficult and costly to administer as the Family and Medical Leave Act—whose 200 pages of regulations she held up at the hearing.
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Stiffing Interns on a Paycheck Could Cost in the End

May 14, 2009
The National Association of Colleges and Employers found that 98.6 percent of the internships offered by organizations that responded to a recent survey are paid. A previous study found that unhappy interns tended to be unpaid interns.
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