Non-exempt Employees and Off the Clock work
Could off-the-clock work by your non-exempt employees be a disaster looking for a place to happen in your organization? Once in awhile we’ll ask an employee, “how are you paid?” Often we’ll hear the person reply the are paid a salary. Then we ask a second question, “what happens when you work more than 40 hours a week?” The typical response is “nothing.” The Wage and Hour Division has made off-the-clock work a priority and has significantly increased their staffing to investigate off-the-clock cases. How might an...
read moreDepartment of Labor talk — Administrative Exemptions
Exemptions for Administrative Personnel Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541 requires that most employees be paid at least the federal minimum wage for all hours worked over 40 hours worked in a work week. However there are exemptions, and this executive advantage moment discusses the Administrative Exemption. To qualify for the Administrative Exemption all the following must be met: The employee must be compensated on a salary or fee basis at a rate of not less than $455 per week; The...
read moreDOL Intervention cont (#3)
Today’s executive advantage moment will discuss what takes place at the investigation and common employer errors. As a quick refresher here is the kind of information the investigators will look for. Names, addresses and telephone numbers of all business owners and company officers, such as the president, treasurer, secretary, board of directors and other corporate officers, along with a company organizational chart. The legal name of the company and all other names used by the company (for example, “doing business as” names). Records...
read moreDepartment of Labor #2
In the last executive advantage moment we reminded you that the DOL was adding more staff in order to make unannounced visits on employers. Here is what they’re looking for: Names, addresses and telephone numbers of all business owners and company officers such as the president, treasurer, secretary, board of directors and other corporate officers, along with a company organizational chart. The legal name of the company and all other names used by the company (for example, “doing business as” names). Records showing the company’s...
read moreWhen DOL comes knocking…
The Society of Human Resources Management has recently been communicating to its members that the Department of Labor is making more and more unannounced visit to businesses, which may be problematic if we’re unprepared. Allen Smith, J.D., Manager – Workplace Law for SHRM, offers some ideas that businesses may find helpful when dealing with surprise visits. This week I will share his list of information the Department of Labor looks for in an investigation. Next week I’ll share his recommendations for how a business should react and...
read moreU.S. DOL Wage and Hour: Don’t Become an Example
DON’T BECOME AN EXAMPLE! The Society of Human Resources Management indicates the U.S. Department of Labor Wage and Hour Department is becoming much more hostile towards employers with regard to wage and hour complaints. Staffing has grown 50 percent since 2008 and in their 2013 budget request the have asked for additional personnel. Also of interest is the practice of setting penalties for first time violations rather than for second or third violations. Targeted industries: Construction, especially residential...
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