In yesterday’s Advisor, we busted 11 myths about wage and hour. Today, we tackle myths about child labor—particularly appropriate with summer hiring season approaching—and we take a look at a unique FLSA audit guide.
[Go here for Myths 1-11.]
Myth #12—There is no restriction on hours of work for workers age 14 and over.
Busted. The Fair Labor Standards Act (FLSA) does not limit the number of hours or times of day for workers 16 years and older. However, there are significant restrictions for 14- and 15-year-olds.
First of all, under the FLSA, the minimum age for employment in nonagricultural employment is 14. However, at any age, youth may deliver newspapers; perform in radio, television, movie, or theatrical productions; work in businesses owned by their parents (except in mining, manufacturing, or hazardous jobs); and perform babysitting or minor chores around a private home. Also, at any age, youth may be employed as homeworkers to gather evergreens and make evergreen wreaths.
Hours worked by 14- and 15-year-olds are limited to:
- Nonschool hours;
- 3 hours on a school day;
- 18 hours in a school week;
- 8 hours on a nonschool day;
- 40 hours in a nonschool week; and
- The hours between 7 a.m. and 7 p.m. (except from June 1 through Labor Day, when evening hours are extended to 9 p.m.).
However, 14- and 15-year-old youths enrolled in an approved Work Experience and Career Exploration Program may be employed for up to 23 hours in school weeks and 3 hours on school days (including during school hours).
Note: Many states have enacted child labor laws. Where both the FLSA child labor provisions and state child labor laws apply, the higher minimum standard must be obeyed.
Myth #13—Young people need a work permit before you can hire them.
Busted. The FLSA does not require that youth get work permits or working papers to get a job. (Some states, however, do require work permits prior to getting a job.)
Myth #14—An employer cannot arbitrarily change an employee’s hours and schedule.
Busted. The FLSA has no provisions regarding the scheduling of employees, with the exception of the child labor provisions mentioned above. Therefore, an employer may change an employee’s work hours without giving prior notice or obtaining the employee’s consent (unless otherwise subject to a prior agreement between the employer and employee or the employee’s representative).
Myth #15—Employers must offer employees paid time off to attend the funeral of an immediate family member.
Busted. The FLSA does not require payment for time not worked, including time attending a funeral.
Class action lawyers peering at your pay practices? It’s likely, but you can keep them at bay by finding and eliminating any wage and hour violations yourself. Our editors recommend BLR’s easy-to-use FLSA Wage & Hour Self-Audit Guide. Try it for 30 days … on us.
Myth # 16—Employers must perform at least annual performance appraisals.
Busted. The FLSA does not require performance evaluations.
Myth #17—Employers must pay employees who are out on jury duty.
Busted. The FLSA does not require payment for time not worked, including jury duty. (A few states, however, do have laws requiring employers to pay employees on jury duty leave.)
Any wage and hour myths affecting your compliance? How confident are you that your wage and hour practices aren’t under review by the feds or, maybe worse, a class action attorney? Are your "independent contractors" independent? Are your "exempt employees" actually exempt? To ask the question another way, “How many FLSA violations exist at your workplace?”
Bottom Line: Audit Before THEY Do
"They," in this case, might be the feds, lawyers, or even bankers deciding you don’t get that loan because improperly classified workers represent a huge potential liability.
Experts say that it’s always better to do your own audit, and fix what needs fixing, before authorities do their audit. Most employers agree, but they get bogged down in how to start, and in the end, they do nothing. There are, however, aids to making FLSA self-auditing relatively easy.
What our editors strongly recommend is BLR’s FLSA Wage & Hour Self-Audit Guide. It is both effective and easy to use and even won an award for those features. Here’s what customers like about it:
—Plain-English. Drawing on 30 years of experience in creating plain-English compliance guides, our editors have translated the FLSA’s endless legalese into understandable terms.
—Step-by-step. The book begins with a clear narrative of what the FLSA is all about. That’s followed by a series of checklists that utilize a simple question-and-answer pattern about employee duties to find the appropriate classification.
All you need to avoid exempt/nonexempt classification and overtime errors, now in BLR’s award-winning FLSA Wage & Hour Self-Audit Guide. Find out more.
—Complete. Many self-audit programs focus on determining exempt/nonexempt status. BLR’s also adds checklists on your policies and procedures and includes questioning such practices as whether your break time and travel time are properly accounted for. Nothing falls through the cracks because the cracks are covered.
—Convenient. Our personal favorite feature: A list of common job titles marked “E” or “NE” for exempt/nonexempt status. It’s a huge work saver.
—Up to Date. If you are using an old self-auditing program, you could be in for trouble. Substantial revisions in the FLSA went into effect in 2004. Anything written before that date is hopelessly—and expensively—obsolete. BLR’s FLSA Wage & Hour Self-Audit Guide includes all of the changes.
You can examine BLR’s FLSA Wage & Hour Self-Audit Guide for up to 30 days at no cost or obligation. Go here and we’ll be glad to arrange it.