Six Wage and Hour law traps – and how you can avoid falling into them

by on April 3, 2009 · 0 Comment POSTED IN: HR Info Center

The exempt vs. non-exempt question, independent contractors, and FLSA regulations

Here are six statements describing in Wage and Hour law violations guaranteed to make DOL inspectors’ ears tingle. If comp talk at your company sounds like this, you’d better check FLSA regulations and make sure you’re in compliance.

  1. Sure our managers work 50-hour weeks. And, yeah, they mostly push brooms. But we call ’em ‘managers,’ so they’re exempt. Right?
  2. Wrong Misclassifying non-exempt employees as exempt can lead to fines and overtime back-pay.

  3. He’s not an employee. He just works here.
  4. Misclassifying employees as independent contractors can land you in big trouble

  5. The high-school kid working in the warehouse isn’t a real employee. He’s just helping out after school.
  6. Allowing minors to work too many hours or not insisting they have the proper youth work certificates can earn an employer a trip to the principal’s office.

  7. We may owe her two weeks salary, but I’m not going out of my way to get it to her. After all, she quit.
  8. Failure to pay a departing employee her final wages in full can lead to a wage and hour law case.

  9. Give YOU a break? What about me?
  10. Failure to permit meal breaks after five consecutive hours of work, and failure to pay employees for breaks less than 20 minutes long are FLSA violations.

  11. Here’s your paycheck. But, um, don’t cash it for a couple of days, okay?
  12. Remember: rubber paychecks repel employees and attract regulators.

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