FLSA

With DOL on the prowl, it’s time to check your OT practices

12/01/2009

The U.S. Department of Labor’s Wage and Hour Division is preparing to crack down on employers that stiff workers out of overtime pay—and now it’s hired extra staff to find and punish employers that break the law. As enforcement gears up, we’ve got resources you can use to make sure you’re in compliance.

Questions and answers about H1N1 flu and wage-and-hour laws

11/24/2009

If H1N1 flu threatens to shut down businesses nationwide, employers are going to need contingency plans to make sure they keep running. Flexible work schedules, temporary shutdowns and telework can all help—but all have unexpected wage-and-hour implications. Here’s guidance from the Department of Labor on how to handle these tricky issues.

May we pay comp time instead of overtime?

11/23/2009

Q. We are a private employer. Can we avoid paying overtime to our hourly employees by giving them comp time?

‘Donning and doffing’ remains FLSA flashpoint

11/20/2009

Employers, beware if you don’t stay on top of the intricacies of the Fair Labor Standards Act. The fact is, the law is still developing and employers that don’t keep up will be caught. Consider the following case involving the seemingly old question of “donning and doffing” clothing and gear before and after clocking in:

Outsourcing payroll? Be sure someone can explain the math

11/20/2009

These days, with employers having to do more with less, lots of companies outsource some functions that take a lot of time. If a vendor handles your payroll, make sure someone on the inside understands exactly how the outside provider calculates tricky things like overtime pay.

No inflation = no min. wage hikes; Colorado’s falls

11/16/2009

Ten states tie increases in the minimum wages to the inflation rate: Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington. Since the cost of living has actually declined this year, none of those states will see an increase in their minimum wages.

Keep exempt status by authorizing discretion

11/11/2009

It’s a serious mistake to wrongly classify employees as exempt when they should be designated as hourly workers eligible for overtime. Be especially wary of one of the most common errors: Applying the exempt administrative classification to employees just because they perform nonmanual work directly related to the management or general business operations of the company.

Beware employee costs that bring wages below minimum

11/11/2009

Beware breaking wage-and-hour laws if you employ drivers who cover expenses for the vehicles they use to make deliveries. If your hourly rate minus those expenses yields a figure lower than the minimum wage, you may be violating the Fair Labor Standards Act.

What wage-and-hour records must we track?

11/09/2009

Q. What are my responsibilities as an employer for maintaining employees’ wage records?

What counts as a true meal break?

11/04/2009

Q. Sometimes we hold important meetings at lunch and provide food. An employee then takes her lunch hour after. Can we tell her she can’t do that?