Category Archives: Wage & Hour

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Could the Applicant Salary History Question Become History?

Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading

A Penny for Your Thoughts . . . A Nickel for Your Minimum Wage

Ver la versión en español aquí Florida’s minimum wage is going up. Starting January 1, 2017, Florida’s current minimum wage of $8.05 will increase five cents to $8.10 per hour.  For a full-time Florida employee (working 2080 hours), the increase equates to $104 more in wages per year.  The five cent increase was based on … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

With Hurricane Matthew expected to hit the east coast this week, Floridians are stocking up on water, batteries, gas, and canned food. It’s important to be prepared and plan ahead for your home and family. For those in Human Resources, it is also a good time to plan ahead for what happens with employees’ pay … Continue Reading

For Immediate Posting in Your Workplace: Updated Minimum Wage and Polygraph Posters

The U.S. Department of Labor (DOL) recently published two updated workplace posters: Federal Minimum Wage poster, and Employee Polygraph Protection Act (EPPA) poster. (Note: Federal, state or local governments are exempt from the EPPA so no poster is required for these employers) The posters have been visually redesigned and includes a QR Code, which when … Continue Reading

The Writ (and Wisdom) of Wage Garnishments

Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First:  What is a Writ?  Second:  What should you do about it? A Writ is essentially … Continue Reading

New Overtime Rule Doubling Minimum Salary Requirement Effective December 1

Ver la versión en español aquí Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four … Continue Reading

Payperless Paydays – Paycards: A Good Alternative to Direct Deposit?

Ver la versión en español aquí For years, employers have looked for ways to implement a one-size-fits-all paperless (all electronic) pay system for paying employees’ wages. While direct deposit is a good option, there are very few states that allow an employer to implement direct deposit if an employee does not agree. Florida is not … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

Granting Non-Exempt Workers After-Hour Access to Company’s E-mail System: Are You E-mailing Your Way to a Wage and Hour Lawsuit?

Ver la versión en español aquí Betty’s at the dinner table with family, talking about her day, savoring her mashed potatoes when . . . flash—the phone lights up. Work e-mail. She reads it, steps away from the table, and starts drafting a response. Fifteen minutes later, she fires it off and returns to the … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

Ver la versión en español aquí For those of us in South Florida, we just braved the first few weeks of school and the associated traffic congestion.  Now we have to prepare for Tropical Storm Erika, potentially Hurricane Erika? While we will know more about the storm’s path on late Friday and early Saturday, it is … Continue Reading

DOL’s Proposal Will Require More “White Collar” Employees to Be Paid Overtime

Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations … Continue Reading

Florida’s Minimum Wage Set to Increase to $8.05 per Hour on January 1, 2015

Ver la versión en español aquí Effective January 1, 2015, Florida’s minimum wage will increase from the current rate of $7.93 to $8.05 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in … Continue Reading

Pro Rata, Quid Pro Quo, Severance Agreement, Lawsuit – Uh-Oh!

Ver la versión en español aquí “Writing is thinking. To write well is to think clearly. That’s why it’s so hard.” -David McCullough Hickory Foods, Inc. out of Jacksonville, Florida provided a departing employee, Jonathan Thomas, with a written severance package. The company wanted to pay Thomas an additional eight weeks of his annual salary as severance. … Continue Reading
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