Call Us 714-841-5830 ☰ ˟
Logo
Call Us 714-841-5830
  • Home
  • About Us
    • About Us
    • Community Service
    • Our Carriers
    • Privacy Policy
  • Business & Commercial
    • General Liability Insurance
    • Workers Compensation
    • Commercial Auto Insurance
    • Commercial Property Insurance
    • Commercial Umbrella Insurance
    • Errors & Omissions
    • Employee Benefits
    • Group Health
    • Cyber Liability Insurance
    • D & O Insurance
    • Bonds
  • Personal Lines
    • Automobile
    • Homeowners
    • Renters
    • Personal Umbrella Insurance
    • Annuities
    • Disability Insurance
    • Health
    • High Value Home Insurance
    • Life
    • Motorcycle
    • Off-Road Vehicles Insurance
    • Recreational Vehicle
    • Rental Property Insurance
  • Contact Us
    • Contact Us
    • Employee Directory
    • Location Map
  • Resources
    • Blog
    • Refer a Friend
    • Insurance Glossary
    • Join Our Newsletter
    • Calculators
    • Free Reports
    • News Center
  • Customer Service
    • Quote Forms
    • Request Certificate of Liability Insurance
    • Add Driver to Existing Commercial Auto Policy
    • Add Driver to Existing Auto Policy
    • Remove Driver from Existing Commercial Auto Policy
    • Remove Driver from Existing Auto Policy
    • Add Vehicle to Existing Commercial Auto Policy
    • Add Vehicle to Existing Auto Policy
    • Remove Vehicle from Existing Commercial Auto Policy
    • Remove Vehicle from Existing Auto Policy
    • Request ID Card for Commercial Auto Policy
    • Request ID Card for Auto Policy
Home > Blog > How to Avoid Running Afoul of Wage and Hour Laws
WEDNESDAY, FEBRUARY 19, 2020

How to Avoid Running Afoul of Wage and Hour Laws

With increases in litigation and federal and state enforcement of wage and hour laws, employers should make sure they comply with laws at both the federal and state levels.

All businesses should conduct periodic self-audits addressing the various wage and hour issues that are applicable to their workplace, in order to avoid the most common source of litigation by workers against their employers.

The goal of an audit should be to ensure that:

  • Exempt classifications are properly applied to each employee;
  • Exempt employees are paid on a "salary basis," and that absence and leave policies comply with Fair Labor Standards Act (FLSA) and state law requirements regarding authorized and unauthorized deductions;
  • All forms of pay required to be included in overtime calculations are, in fact, included;
  • Non-exempt employees are paid for all hours worked;
  • Payroll records are complete and accurate and are retained for the proper amount of time; and
  • To the extent that state law requirements exceed those of the FLSA, such stricter requirements become the standard.

Any issues you identify in a periodic audit should be addressed immediately. At the same time, employment policies and actions should be implemented to create an environment in which compliance becomes part of your operational mindset.

The compliance strategies below cover some of the more common potential errors in the wage and hour context.

Meal and break laws

  • Implement written policies regarding meal and break times of non-exempt employees, and require approval for additional hours worked.
  • Implement measures to ensure that breaks are uninterrupted and employees taking such breaks are completely relieved from duty.
  • Tell supervisors not to assign tasks to non-exempt employees or allow them to perform work during their breaks.

Misclassification errors

  • At the time of hiring, inform employees of their exempt or non-exempt status, review job requirements and descriptions and describe in writing terms of their payment ― for straight time and overtime.
  • Periodically review duties performed by exempt employees after they are hired, to ensure they remain properly classified.
  • If you find you've made an exempt/non-exempt classification error for an employee, immediately consult your attorney to determine the appropriate remedial action, such as a change in status from exempt to non-exempt and making payments to such employee.

Overtime/off-clock errors

  • Adopt clear written policies on schedules and hours of work, and require approval for overtime work.
  • Adopt written policies requiring employees to report all time worked, and that you will pay for all time worked.
  • Train employees and managers on timekeeping policies and discipline for violations of policy.
  • Do not pressure employees to meet deadlines or perform assignments that can only be met by working off the clock. Workload expectations should be realistic.
  • Regularly review overtime records. If you find overtime was not paid, pay it immediately, even if work was not authorized.

Record-keeping mistakes

  • Implement and disseminate a timekeeping policy. The policy may, for example, require exempt and non-exempt employees to complete time sheets on a weekly basis, and to note meal and other breaks.
  • Require non-exempt employees to review and sign their time cards or time sheets every week, and to initial any changes made to them. This is your evidence if sued for an off-the-clock violation.
  • Retain time and payroll records for all employees. This will help you quickly correct any mistakes you uncover, and helps work with an employee who says they were short-changed on their paycheck. Also, accurate records are the best defense in a wage and hour complaint.

If you have questions please give us a call.

Posted 11:00 AM

Share |


No Comments


Post a Comment
Required
Required (Not Displayed)
Required


All comments are moderated and stripped of HTML.

NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016

  • insurance(2)
  • nursing(1)
  • care(1)
  • long-term care(1)
  • network(1)
  • aging(1)
  • quaity(1)
  • in-network(1)
  • doctor(1)
  • medical(1)
  • medicaide(1)
  • office(1)
  • ltc(1)
  • doctors(1)
  • urgent care(1)

View Mobile Version
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Home| Get A Quote| Customer Service| Blog| About Us| Contact
7755 Center Ave, Suite 1100 | Huntington Beach, CA 92647
P: 714-841-5830 | F: 714-841-5831
PIA Logo Institutes Logo
Social Social
Logo