The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) kicked off the new year by releasing two opinion letters providing guidance for dealing with issues arising under the Fair Labor Standards Act (FLSA).
Employers’ failure to properly factor bonus payments into overtime is probably the most common wage and hour compliance error I see, including among employers that have experienced HR personnel who are knowledgeable about the requirements of the Fair Labor Standards Act (FLSA). Failure to factor these payments into overtime is also really difficult to defend because the law on this point (unlike for some FLSA issues) is pretty clear.
by Jacob M. Monty Do you pay any of your employees a daily rate? Do you think you’re saving money on overtime by paying a daily rate? If so, you’ve opened yourself up to liability for overtime lawsuits. Day-rate employees are paid on a per-day basis as opposed to being paid a salary or an […]
First, employers must determine whether a nonexempt employee has accumulated enough hours worked to become entitled to overtime pay. Now, let’s assume that the employee has worked enough hours and the issue is how much overtime must be paid. Mastering HR Report: Overtime Count on me Normally, calculating overtime is a pretty simple mathematical exercise […]