Clean House for the New Year on Employee Pay Practices

Posted by: Adair M. Buckner

The New Year is a good time to review employee pay practices. Wage and hour lawsuits continue to be the most fertile area for employee claims against employers.

Scary wage and hours cases continue to fill the news headlines with big settlements or potential damages against employers who do not pay correctly under the Fair Labor Standards Act ("FLSA").

Know Important Rules For Employee Pay

Is the employee truly exempt from minimum wage or overtime pay?

  1. Is the employee correctly paid on a salary basis that meets the DOL regulatory requirements?
  2. Have you improperly docked the employee's pay?
  3. Do the employee's job duties meet the definitions for the exemption categories?

If the employee is not exempt, are you paying overtime correctly?

  1. How do you calculate hours worked?
  2. How do you figure the average hourly rate?
  3. How do maintain the proper pay records?

Are you meeting minimum wage requirements?

  1. For tipped employees, are you handling tip pools correctly?
  2. Are you meeting the DOL requirements to claim tip credit?
  3. Are you trying to claim benefits as part of the minimum wage?

Are you trying to call true employees independent contractors?

  1. Have you reviewed the legal guidelines for meeting the independent contractor test?

Find the answers to all of these questions and more in the SlideShare presentation provided below. If you have additional questions or would like help making sure you are paying your employees correctly, request a consultation with Adair Buckner.

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