In my last post, I discussed how the FLSA approaches the “rounding” of time. In short, rounding is simply the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for work at 7:57, 8:01, and 8:02, your rounding rules may treat all of those punches as
Keeping Payroll Well-Rounded (and FLSA compliant!) [Wage & Hour FAQ]
Whether you call it “rounding” or the “7/8ths rule” or have no word to describe it at all, rounding may be of central concern for employers, both in day-to-day operations and in litigation. Rounding is the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for work
Can We Define “Full Time” to Mean Something Less Than 40 Hours Per Week?
Q. Under the Fair Labor Standards Act (FLSA), do we have to define “full time” to mean 40 hours per week, or is that left to employers’ discretion? Can we maintain a 40-hour standard for wage and hour purposes, but have a lower threshold for certain benefits, like paid time off accrual or supplementary health
Do You Have to Pay Summer Interns?
Q. Summer has arrived and many employers have already supplemented their operations with student interns, but the question we see crop up repeatedly is, “do I have to pay interns?”
A. In the last few years, with a more competitive job market and corporate focus on reducing costs, we have seen an increase in the
Can We Mandate Direct Deposit?
Q. We would like to require employees to accept pay via direct deposit. Is this permitted?
A. Direct deposit is an increasingly common method of paying employees, with numerous advantages for employees (fewer trips to the bank, no worry about losing a check) and employers (reduced cost and administrative hassle).
The Fair Labor Standards Act
Do Hours Worked On A Second Job Count Toward Overtime?
Q. An employee works for the company full-time, 7.5 hours per day, 5 days per week, at $20 per hour. To make ends meet, the employee also voluntarily works a different part-time job for the company on Saturdays, usually working an additional 7.5 hours at $15 per hour. The two jobs are completely separate and
Can Employees Agree to Be Exempt? [Wage & Hour FAQs]
Q. Our employees consider themselves “professionals” and don’t want to be treated as hourly workers. If our employees agree to it, can we still treat them as “exempt” even if they don’t meet all of the requirements under the FLSA or state law?
A. In a word, no. This question comes up more often than you might think. In some cases, particular industries have developed a practice of treating certain categories of employees as “salaried” and assuming that they are exempt. In others, employees would simply rather be “salaried” or “exempt” because this suggests a higher status than an “hourly” position, or because they prefer not to have to track their time.
Unfortunately for employers, an employee’s choice generally had nothing to do with whether or not the employee can legitimately be classified as “exempt” from overtime requirements under state and federal law. With very few exceptions, the rights provided by the Fair Labor Standards Act and its state equivalents can’t be waived or modified by an agreement with the employee.
So how can employers manage employee expectations without running afoul of the law? Continue Reading Can Employees Agree to Be Exempt? [Wage & Hour FAQs]
Do I Have To Pay An Exempt Employee Who Answers E-Mail Or Phone Calls While On FMLA Leave? [Wage & Hour FAQ]
Q. A salaried, exempt employee who recently returned from a week of unpaid FMLA leave claims that he is entitled to be paid his full salary for entire week because he responded to a number of work-related e-mails and telephone calls while he was out. Do we have to pay?
A. Wage and hour law is
Can We Suspend An Exempt Employee Without Pay? [Wage & Hour FAQ]
Q. One of our salaried exempt employees appears to have violated our sexual harassment policy. We would like to suspend him without pay for 3 days. Is this allowed under the FLSA?
A. Maybe, but check your state’s laws as well.
With a few specific exceptions, employees whose duties qualify them as executive, administrative and
What Does The FLSA Say About Nursing Mothers? [Wage & Hour FAQ]
Regular readers may have noticed a decline in the frequency of our updates around the end of the year. That’s because, in addition to the usual holiday and year-end craziness, my wife and I welcomed a new baby on the day after Christmas. As I get back into the swing of work and blogging, I