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Education and Training are Key to FLSA Compliance

08/20/08



When is an exempt employee no longer exempt? Do you need to be paying overtime? Are your wage and hour policies in accordance with state as well as federal laws? All employers need to be familiar with the Fair Labor Standards Act.

Are you in full compliance with the Fair Labor Standards Act (FLSA)? That’s the federal law that governs federal minimum wage provisions, equal pay and overtime requirements, establishes requirements for recordkeeping and calculation of wages and sets standards for child labor. The law covers more than 100 million workers nationwide, both full- and part-time, and applies to both the public and private sectors.

Harassment and discrimination laws get a lot of press but the FLSA is the most frequently violated federal employment law. Even one innocent mistake may result in costly and time-consuming lawsuits and potential liability. It’s important to be sure your managers are trained on the details of FLSA compliance so that their actions do not potentially jeopardize your company.

Do your managers know how to handle scenarios like these?

• An hourly employee takes work home without authorization and demands overtime pay for the hours spent working from home.

• An hourly employee asks to work an extra shift this week in exchange for comp time next week.

• Employees attending an out-of-town conference demand to be paid for all hours of work and travel.

• A salaried employee misses a half day of work for personal reasons after using all her sick/vacation/personal days, and claims she is entitled to her full salary for the time away from work.

• An employee takes a 15-minute cigarette break every hour and fails to clock out.
Compliance with federal wage and hour laws requires constant vigilance and continuous reeducation and retraining of management. State labor laws provide an additional layer of complexity requiring additional education and training. Make sure your managers are informed about the FLSA and how it affects everyday management decisions – so that innocent mistakes do not hurt your company.

FLSA Compliance Kit

Complyware™ FLSA Software