Following are three examples of FLSA Overtime violations. Penalties can be severe. The Department of Labor’s Wage and Hour Division (WHD) is very aggressive about enforcing FLSA Overtime rules. The WHD answers 900,000 calls from employees asking if their rights were violated each year. “Hey Pam,...
Question: We have an employee claiming they shouldn't be classified as exempt from overtime. If it turns out they're right, what are the penalties for misclassification? Answer: The cost of misclassification can be steep and will depend on several factors, such as how many employees are misclassified,...
Whether someone is entering the workforce for the first time or changing jobs, filling out new hire paperwork can feel overwhelming. One of the forms employees must complete is a W-4, Employee's Withholding Certificate. This form tells employers how much money to withhold from the...
The interactive process is a term most often associated with the Americans with Disabilities Act (ADA), a federal law that requires organizations with 15 or more employees to provide reasonable accommodations to qualified applicants and employees who have a disability. The interactive process involves working with an...
Employee records are complicated. There. We said it. Forms, copies, folders, signatures: none of it is fun, but there is a right way and a wrong way to do it. While organizations often review employee files at the end of the calendar year, summer is...
Question: Can we use comp time with our employees? Answer: It depends. For nonexempt employees of a private employer, no. The Fair Labor Standards Act (FLSA) doesn’t permit private employers to offer compensatory time (“comp time”) in lieu of overtime pay. You could offer time off to your exempt employees as...
Question: What is the difference between a discretionary bonus and a nondiscretionary bonus? Answer: A discretionary bonus, as its name implies, is a bonus awarded at the sole discretion of the employer and is awarded without employee expectation. In other words, there’s no promise or agreement...
Many people travel for their job – some for an occasional conference and some travel year-round. Whatever their time on the road, business travelers should know how and when to deduct business travel expenses. What to know about tax deductions for business travel Business travel deductions...
Question: We have a remote employee who is working through their lunch break. Can we require them to take it? Answer: Yes, generally you can and should require an employee to take a lunch break. In many states, employers are required to provide employees with rest...
Question: Does the Pregnant Workers Fairness Act (PWFA) affect churches? Answer: The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and applies to all employers with 15+ employees. Begin training and equipping supervisors and leadership regarding the requirements of the PWFA now so...