All posts tagged 'FLSA'
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Posted @ 7/1/2010 2:30 PM By MBAHRO
U.S. Child Labor Laws - Changes that may affect your business
The Fair Labor Standards Act (FLSA) Child-Labor Regulations have recently been revised. On July, 19, 2010, the final revisions to the child-labor regulations under the Fair Labor Standards Act will become legally effective.
The Department of Labor has been receiving comments on these most recent suggested regulation changes to the U.S. child labor laws since 2007. The DOL states that these revisions are supposed to make it easier for people under that age if 18 to get a job. These revisions only apply to non-agricultural positions. The Department of Labor (DOL) is scheduled to revise the provisions concerning minors in agricultural employment. The revisions single out industries like banking, information technology and advertising.
While the regulations offer an array of rules to follow, the most recent revisions address specific issues:
There is a provision permitting 14 and 15 year olds to wo ...
Posted @ 6/15/2010 2:54 PM By MBAHRO
DOL says you may have to compensate employees for time spent putting on protective equipment required by law.
The new Department of Labor’s (DOL) Administrator’s Interpretation, issued by Deputy Administrator Nancy J. Leppink), concerns whether you have to pay for the time employees use to change put on and take off protective equipment required by law. It’s entitles “SUBJECT: Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. 203(o), and the definition of clothes.” (Administrator's Interpretation No. 2010-2)
Under the Fair Labor and Standards Act, you don’t have to pay employees for their time spend changing clothes or washing at the beginning or end of each workday. But, this new Administrator’s Interpretation explains that safety equipment is going to be treated separately, and that changing into and out of protective equipment required by law is now time that your employees will be compensated for.
So, if your employees ar ...
Posted @ 4/19/2010 12:07 PM By MBAHRO
Introduction to pay deductions covered by the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) establishes, among other things, federal standards for minimum wages and overtime pay that employers are required to follow.
Unless a specific minimum wage and overtime exemption applies, employees must be paid at least the applicable minimum wage for each hour worked and overtime for any hours in excess of 40 hours worked in the workweek.
Employees who do not qualify for an exemption are commonly referred to as "nonexempt employees" and those employees who do qualify are referred to as "exempt employees."
Risks
The issue of improper deductions applies to all employees, both nonexempt and exempt. An improper deduction from either is a violation of the FLSA law and such violations can result in investigations by the United States Department of Labor (DOL) and/or expensive and time-consuming litigation.
As an employer considering taking deductions from any employee's wages ...
Posted @ 4/16/2010 12:09 PM By MBAHRO
Pay Deductions Quiz: Uniforms for a minimum wage employee.
You hire a minimum wage employee to work as a cashier at your auto parts store. The employee signs an agreement to have $20.00 deducted from her first check to cover the cost of a uniform. You then, as agreed upon, deduct $20.00 from the employee's first check to cover the cost of the uniform.
Have you violated any Fair Labor Standards Act (FLSA) requirements?
Here, you have violated the FLSA's requirement that a nonexempt employee be paid the minimum wage for each hour worked. It makes no difference that the employee agreed to the deduction. Because the employee is a minimum wage employee, there was nothing that could legally be deducted from the employee's wage to cover the cost of the uniform. Any deduction puts the employee below the minimum wage level.
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Modern Business Associates frequently deals with payroll issues. As a Prof ...
Posted @ 4/13/2010 12:13 PM By MBAHRO
Pay Deductions Quiz: Hourly employee drops the computer! Can you get them to pay up?
Your new hourly front desk staff employee is paid $1.00 per hour in excess of the required minimum wage and works 40 hours in the workweek. The employee drops his laptop and breaks a piece off. Your existing policies require employee responsibility, so you deduct $50.00 from the employee's weekly paycheck.
Have you violated any Fair Labor Standards Act (FLSA) requirements?
Yes. Under the FLSA, the employer could theoretically deduct up to $40.00 to cover some of the loss because the employee has earned $40.00 in excess of the required minimum wage during the workweek. However, once the employer has deducted any earnings in excess of the minimum wage, no further deduction can be made without violating the FLSA.
Modern Business Associates frequently deals with payroll issues. As a Professional Employee Organization, our clients rely on us to help them effectively deal with these kinds of topics includi ...