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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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How do you handle advance PTO if an employee leaves?

We offer employees a pay advance of up to 60 hours or PTO if they want to use paid time off before having earned it. What happens if they quit or are terminated before earning that advance payment back? Can we simply deduct the amount from their last check without their specific consent?

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Pay-equity audits prevent lawsuits

The time to conduct a pay-equity audit is before employees file a suit. Conducted proactively, the audits can prevent thousands or even millions of dollars in damages and legal fees.

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When interpreting what the law requires, pay attention to what the law actually says

Increasingly, U.S. Supreme Court decisions turn on the exact language Congress chose to use when writing laws. The justices often rely on the ordinary meaning of the words contained in legislation.

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How to handle reimbursement of remote employee expenses

We have remote workers in our state and in other states. How do we handle expense reimbursement for remote workers? Does it depend on whether the employee chooses remote work or we mandate it?

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To preserve exempt status, pay employees on a weekly salary basis, not by the day

The Supreme Court agreed with a highly compensated employee who argued that because he was paid a daily rate, he wasn’t being paid on a salary basis. Now a federal appeals court has applied that logic to another employer.

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Do we have to ‘give back’ PTO if employee was contacted about work that day?

An employee took a day of paid-time-off leave, but her supervisor called and texted several times to ask work-related questions. Does that time still count against her PTO bank, or should some of it be paid? Does it make a difference if they are an hourly employee or on salary?

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Consult lawyer to avoid ‘willful’ FLSA violations

Willful violations of the Fair Labor Standards Act carry much harsher, more costly penalties than inadvertent violations. Employers can avoid being labelled a willful violator by showing they made a good-faith effort to comply with the law.

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New DOL guidance invokes old classification standard, making it easier to treat workers as contractors

The Department of Labor will no longer enforce its 2024 independent contractor rule, issued during the Biden administration, which favored classifying workers as employees. Instead, it will rewind the classification clock, emphasizing an old standard that makes it much easier to consider workers to be contractors.

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Stop unauthorized work by remote employees

If you have employees who work remotely at least some of the time, you know how difficult it is to track exactly what they are doing and when they’re doing it. That can be bad news if those employees are nonexempt. They must be paid for all work they perform—whether you knew they were working or not.

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How should we go about granting comp time?

We have a comp-time policy, but we’re encountering some pushback from employees. They believe that any time worked over eight hours qualifies for comp time. How should we determine the threshold for comp-time eligibility?

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