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Showing posts with the label shift differential

Conducting a Wage and Hour Audit: Eating the Elephant One Bite at a Time

Wage and hour violations are rarely intentional. They typically stem from common missteps such as outdated job descriptions, payroll errors, miscommunication, or genuine confusion about complex federal and state laws and regulations. So, as too many employers know, a wage and hour lawsuit or Department of Labor (DOL) investigation can hit a business out of the blue, often without prior notice. Such actions can cripple even a well-run organization due to stringent laws that impose heavy penalties and encourage collective and other actions with their provisions for recovery of extensive damages, including back wages, liquidated damages, and attorneys' fees. While many employers understand that a proactive wage and hour audit is the most effective way to reduce exposure to such an action, the prospect of conducting one may seem daunting, even to the most sophisticated HR professional. The good news is that an audit becomes more manageable when approached with clear objectives and disc...

Recent Court Ruling Creates Holiday Incentive Pay Twist for Colorado Employers

Takeaways: A recent Colorado Supreme Court decision deviates from federal law by requiring holiday incentive pay to be included in the regular rate for overtime purposes. Employers covered by Colorado’s COMPS Order 39 should not follow the FLSA when considering holiday pay for purposes of overtime calculation. Colorado employers should review their pay policies and practices and consider drawing a clear distinction between “holiday pay” and “holiday incentive pay” in their policies and practices. Related link: Hamilton v. Amazon.com Services LLC  The Colorado Supreme Court has ruled that Colorado law is not like federal law when it comes to holiday pay. The Court found that the Colorado Minimum Wage Order (currently, COMPS Order 39) requires holiday incentive pay be counted in the regular rate of pay for calculating overtime for non-exempt employees in Colorado.  Hamilton v. Amazon.com Services LLC. Before this decision, employers in Colorado that provide holiday pay generally...