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jewellansing · 2 years

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Wage Theft and Your Rights as an Employee NY

If you're an employee in Manhattan, NY who has been asked to work overtime without pay, you may be wondering if you have any legal recourse near Manhattan, NY. The answer depends on a number of factors, including your job duties and your employer's policies. An experienced employment attorney NY can help you understand your rights and options.

Overtime laws vary from state to state, so it's important to consult an employment compliance attorney in NY who is familiar with the laws in your jurisdiction. Generally speaking, however, employees are entitled to be paid for all hours worked, including overtime. If you're not being paid for overtime hours, you may be able to file a wage and hour claim with your state's labor department or file a private lawsuit against your employer.

An experienced employment attorney in NY can help you navigate the process of filing a claim and ensure that you receive the compensation you're entitled to.

An experienced employment attorney NY can help you understand your rights and options. The Fair Labor Standards Act (FLSA) requires that covered employees receive at least minimum wage for all hours worked, and overtime pay at time and one-half the employee's regular rate of pay for all hours worked over 40 in a workweek. However, there are a number of exceptions to these rules. For example, certain types of employees are exempt from the FLSA's overtime requirements. If you think you may have been wrongfully denied overtime pay, an employment compliance attorney can review your case and advise you of your legal options.

In general, the FLSA's overtime provisions apply to all employees who are "engaged in commerce or in the production of goods for commerce." This includes employees who work in transportation, communications, public utilities, and other industries that affect interstate commerce. In addition, the FLSA's overtime provisions apply to certain federal, state, and local government employees.

However, not all employees are covered by the FLSA's overtime provisions. There are a number of exemptions from the overtime requirements. For example, certain executive, administrative, and professional employees are exempt from the FLSA's overtime requirements. In addition, certain computer professionals and outside sales employees may also be exempt.

To be exempt from the FLSA's overtime requirements, an employee must meet certain salary and job duties tests. The job duties test requires that the employee's primary duty be executive, administrative, or professional in nature.

If you are not sure whether you are exempt from the FLSA's overtime requirements, an experienced employment compliance attorney can help you determine whether you are covered by the FLSA.

In addition to the FLSA, some states have their own laws governing overtime pay. For example, in New York, most employees are entitled to receive overtime pay at time and one-half their regular rate of pay for all hours worked over 40 in a workweek. However, there are a number of exceptions to this general rule.

If you think you may have been wrongly denied overtime pay, an experienced employment compliance attorney can review your case and advise you of your legal options. Contact an attorney today to learn more about your rights and options.

#lawyers #employment law #law

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hoodlutz09 · 1 month

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Aion Online Quest Guide - Path For Questing Perfection

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joelcriley · 2 months

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The Importance of HR Compliance: Ensuring Adherence to Legal and Regulatory Requirements with Joel Riley (Wallingford, CT)

In today's complex business landscape, Human Resources (HR) compliance is paramount for organizations to maintain legal and regulatory adherence. HR compliance refers to the adherence to laws, regulations, and policies that govern employment practices, workplace safety, and employee rights. From recruitment and hiring to termination and beyond, every aspect of the employee lifecycle must comply with applicable laws and regulations to mitigate risks and ensure fair treatment of employees. This blog delves into the significance of HR compliance with the help of professionals such as Joel Riley (Wallingford, CT), highlighting its role in fostering a positive workplace culture, mitigating legal risks, and upholding ethical standards. Joel C Riley

Recruitment and Hiring Practices: Ensuring Fairness and Equal Opportunity

HR compliance begins at the recruitment and hiring stage, where organizations must adhere to anti-discrimination laws and regulations to ensure fairness and equal opportunity for all candidates. This includes avoiding discriminatory practices based on factors such as race, gender, age, religion, disability, or veteran status. Implementing standardized recruitment processes, conducting thorough background checks, and providing equal access to job opportunities are essential steps in promoting diversity, equity, and inclusion within the workforce. By maintaining compliance in recruitment and hiring practices, organizations can attract top talent, enhance employer brand reputation, and foster a diverse and inclusive workplace culture.

Employee Classification and Wage Compliance: Preventing Misclassification and Wage Violations

Proper classification of employees as either exempt or non-exempt under the Fair Labor Standards Act (FLSA) is crucial to ensure compliance with wage and hour regulations. Misclassification of employees can result in costly penalties, back wages, and legal disputes. HR professionals play a pivotal role in accurately classifying employees based on job duties, salary basis, and other relevant factors to avoid violations. Additionally, ensuring compliance with minimum wage laws, overtime pay requirements, and recordkeeping obligations is essential to protect employees' rights and prevent wage theft. By proactively monitoring and addressing wage compliance issues with the help of professionals such as Joel Riley (Wallingford, CT), organizations can uphold ethical standards, build trust with employees, and avoid costly legal repercussions. Joel Riley CT

Workplace Health and Safety: Prioritizing Employee Well-being and Risk Management

Maintaining a safe and healthy work environment is not only a legal requirement but also a moral obligation for employers. Compliance with Occupational Safety and Health Administration (OSHA) regulations is essential to identify and mitigate workplace hazards, prevent accidents and injuries, and promote employee well-being. HR professionals play a crucial role in developing and implementing safety policies, conducting risk assessments, providing training programs, and ensuring compliance with safety standards and regulations. By prioritizing workplace health and safety, organizations can protect employees from harm, reduce absenteeism and turnover, and demonstrate a commitment to corporate responsibility.

Diversity, Equity, and Inclusion (DEI) Initiatives: Fostering a Culture of Equality and Respect

In today's diverse and multicultural workforce, organizations must prioritize diversity, equity, and inclusion (DEI) initiatives to create a culture of equality, respect, and belonging. HR compliance involves implementing policies and practices that promote diversity in recruitment, training, and career development opportunities. By fostering an inclusive workplace where employees feel valued and respected regardless of their background or identity with the help of professionals such as Joel Riley (Wallingford, CT), organizations can enhance employee engagement, innovation, and performance. Compliance with anti-discrimination laws and affirmative action requirements is essential to prevent bias, discrimination, and harassment in the workplace, ensuring that all employees have equal access to opportunities for growth and advancement.

Data Privacy and Security: Safeguarding Employee Information

With the increasing digitization of HR processes and the collection of vast amounts of employee data, ensuring compliance with data privacy and security regulations is critical to protect sensitive information from unauthorized access, disclosure, or misuse. HR professionals must adhere to laws such as the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) to safeguard employee records, personal information, and medical data. Implementing robust data privacy policies, encryption measures, access controls, and employee training programs can help mitigate the risk of data breaches and ensure compliance with regulatory requirements. By prioritizing data privacy and security with the help of professionals such as Joel Riley (Wallingford, CT), organizations can maintain trust and confidence among employees, customers, and stakeholders. Joel Riley Connecticut

Employee Relations and Conflict Resolution: Promoting Fairness and Transparency

Effective employee relations and conflict resolution are essential aspects of HR compliance, ensuring that workplace disputes are handled promptly, fairly, and transparently. HR professionals play a key role in mediating conflicts, conducting impartial investigations, and implementing corrective actions to address violations of policies or regulations. By fostering open communication, promoting a culture of accountability, and providing mechanisms for employees to voice concerns or grievances with the help of professionals such as Joel Riley (Wallingford, CT), organizations can prevent conflicts from escalating and maintain a positive work environment. Compliance with employment laws and regulations related to termination, discrimination, harassment, and retaliation is crucial to protect employee rights and mitigate legal risks associated with employment-related disputes. Joel Riley Wallingford CT

HR compliance is essential for organizations to uphold ethical standards, mitigate legal risks, and foster a positive workplace culture. From recruitment and hiring to employee relations and data privacy, compliance with laws and regulations governing employment practices is crucial to ensure fairness, equality, and respect for employee rights. By prioritizing HR compliance, organizations can build trust with employees, enhance corporate reputation, and achieve sustainable business success in today's dynamic and competitive landscape. Through proactive risk management, ongoing training, and collaboration with legal experts, HR professionals can navigate complex regulatory requirements and promote a culture of integrity, accountability, and compliance within their organizations.

#joel c riley #joel riley ct #joel riley connecticut

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findjobseasy · 2 months

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[ad_1] Job title: Administrative Assistant Company: Metro Community Health Center Job description: Administrative Assistant Position Reports To: Chief Executive Officer FLSA: Exempt Positions reporting... deadlines. ESSENTIAL FUNCTIONS: Administrative support to the CEO, CMO, COO, CFO when needed, as well as other staff. Work... Expected salary: Location: Pittsburgh, PA Job date: Sun, 04 Feb 2024 08:10:29 GMT Apply for the job now! [ad_2]

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jobs4grabs · 3 months

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Senior Director, Integrated Marketing and Content

Alexandria, VA, Title: Senior Director, Integrated Marketing and Content Department/Unit: Integrated Marketing and Content/Member Experience FLSA Status: Full-time, Exempt Location: This position is located onsite at the APTA headquarters in Alexandria, VA About APTA Do you want to contribute to an organization dedicated to improving societal health? Would you like to collaborate with…

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ebizfilingindia-blog · 3 months

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What does Payroll Compliance mean?

Introduction

Payroll is a process of paying your employees. However, it also includes choosing a payroll schedule, calculating salaries, wages and taxes, and making sure everything is completed accurately and on time. Payroll management can make it easier to avoid your legal compliance obligations under local, state and federal laws. Payroll compliance is a must for all business owners because overtime, employee treatment and income tax regulations are essential components of payroll. In this blog, we have explained all about payroll compliance.

What is payroll?

Payroll is the salary structure that a company pays its employees at a specific time or on a specific day. Usually, the company’s accounting or human resources department handles it. Payrolls for small businesses can be handled directly by the owner or co-workers. Companies are using technology to improve their payroll processing, employee benefits, insurance and accounting duties. It includes payroll-related documents in digital form. They pay employees more quickly and conveniently. The term “payroll” can also refer to the list of employees and salaries payable in a company.

What is Payroll Compliance?

Payroll compliance is a term also known as statutory compliance, which refers to the legal framework established by the federal or state government to regulate business operations. Each country has a unique set of payroll rules, and business owners operating there must follow them. Keeping an impeccable compliance record has many benefits for your company. As you build trust with the government, it can make it easier for businesses to expand within the country. Businesses have a lot to lose when there is non-compliance, including financial penalties and degraded brand reputation. As a result, businesses need to be knowledgeable about the employment laws in the country where they operate in order to manage payroll or statutory compliance.

Payroll Compliance Checklist

Payroll compliance checklists provide a reference point to guide you through all your processes. They can be used to train your HR team and other staff members on payroll administration and management. There are many reasons for creating a payroll compliance checklist. Make sure everything on the checklist is completed, including steps (determining whether an employee is exempt or non-exempt, setting up direct deposit, etc.), as well as reminders (adding employees to the payroll system, reporting new hires, including reports of company database, etc) as required to maintain compliance.

What are the Payroll Rules and Laws?

Payroll is governed by a wide range of laws. In addition to various municipal and state laws, businesses should be aware of the following federal laws:

1. Fair Labor Standards Act (FLSA): The FLSA establishes child labor regulations, payroll record-keeping requirements, and national minimum wages as well as overtime rates.

2. Federal Insurance Contribution Acts (FICA): Payroll taxes known as FICA which help pay for Social Security and Medicare.

3. Equal Pay Act (EPA): The EPA mandates that companies performing comparable occupations in the same workplace pay equal compensation to men and women in order to prevent gender-based wage discrimination.

4. Davis-Bacon Act: The Davis-Bacon Act mandated that companies working on public works projects pay prevailing wages to laborers and mechanics.

5. Federal Unemployment Tax Act (FUTA): FUTA provides temporary financial assistance to people who have lost their jobs due to circumstances beyond their control.

What is Payroll tax Compliance?

At its most basic level, payroll tax compliance rules mean:

Accurate calculation of wages, including overtime.

The correct amount of payroll tax withheld from wages is subject to each applicable payroll tax (eg, Social Security tax).

Timely depositing related tax obligations with the appropriate federal, state and local tax agencies.

Filing payroll tax returns with each of those jurisdictions.

What is the Payroll Compliance in accordance with federal and state laws?

The complexity of payroll compliance only increases as organizations expand into other jurisdictions. It is challenging enough in one state. Some states have no income tax at all, while others have fixed rates or their tax rates. Some states follow the federal income tax code. States may have different requirements for filing state income taxes, as well as different deadlines and consequences for failure. In addition to income taxes, each state has different minimum wage requirements, unemployment tax rates, and the cost of disability insurance.

What are the benefits of Payroll Compliance in India?

Here are a few justifications for the benefits of payroll compliance and why every business should comply with laws that protect both employee and employer rights.

No matter their position, employers must treat everyone in the company fairly.

Every employee is paid fairly by the employer in accordance with the minimum wage rules, which protect the rights of employees.

Employees shall not be treated unreasonably or required to work overtime without pay.

Worker will get payment on time

Employers are protected from unreasonable increases or demands from trade unions.

A strong bond between employers and employees.

Conclusion

Payroll compliance means following all federal, state and local regulations governing how employees are paid. Employers who violate any of these laws may face penalties that could negatively impact their bottom line or even put them out of business. After all, the livelihoods of employees and their families are highly dependent on receiving secure, accurate and timely payment for their work.

#payroll process

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mystlnewsonline · 7 months

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F.W. Webb Co. Pays $3.2M to Escrow for 700 Employees

Plumbing Supply Company, F.W. Webb Co. Pays $3.2M to Escrow for More Than 700 Employees, and Cannot Retaliate Against Employees Who Exercise Rights After Federal Investigation and Litigation. The court concludes administrative overtime exemption did not apply to inside sales representatives. BOSTON, MA (STL.News) The US Department of Labor stands to recover more than $3.2 million in overtime back wages for more than 700 sales representatives of a Bedford, Massachusetts, plumbing supply company after a federal court agreed with the department and concluded on summary judgment that the employer misclassified the employees as exempt from overtime under the Fair Labor Standards Act. The parties then agreed to resolve the remainder of the case via a consent judgment, which also forbids the company from retaliating unlawfully against employees who exercise their rights to raise wage complaints with the department. F.W. Webb Co. has appealed to the United States Court of Appeals for the First Circuit. The department filed suit against F.W. Webb Co. in the US District Court for the District of Massachusetts in 2020, claiming that the employer exempted employees from federal overtime protections improperly and seeking the back wages owed to the workers. The department also alleged that Webb retaliated unlawfully against employees when the company’s senior management sent instructions to employees during the department’s investigation that could have discouraged employees from speaking to the department’s investigators freely. The Department of Labor and F.W. Webb Co. moved for partial summary judgment. On June 16, 2023, the district court entered summary judgment in favor of the department on the exemption issue, concluding that the inside sales representatives were not administratively exempt from the FLSA’s overtime requirements because they perform the very work that is F. W. Webb Co.’s primary business purpose, namely producing wholesale sales. The district court also found that the company had failed to pay the affected workers overtime back wages since August 2018 and violated recordkeeping provisions of the FLSA. On Aug. 24, 2023, the court entered a consent judgment and order, incorporating the summary judgment decision. In addition to payment of the back wages owed from Aug. 4, 2018, through June 30, 2023, the order prohibits F.W. Webb Co. from future violations of the FLSA’s overtime, recordkeeping, and anti-retaliation provisions. Under the consent judgment, F.W. Webb Co. preserved the right to appeal the court’s summary judgment decision, which it has done. The court also entered an order agreed to by the parties staying certain aspects of the consent judgment, including the requirement that Webb pay any overtime wages during the pendency of any appeal F.W. Webb Co. has paid the more than $3.2 million in overtime back wages owed and will pay future overtime wages that accrue during the period of any appeal into an account with the court Those wages will be distributed to employees if F.W. Webb Co.’s appeal is unsuccessful. “This case shows how aggressively the US Department of Labor will litigate to prevent employers from denying employees their wages by misclassifying them as exempt and retaliating against them,” said Regional Solicitor of Labor Maia Fisher in Boston “In this case, the court correctly concluded on summary judgment that F.W. Webb’s inside sales representatives are not administratively exempt under the Fair Labor Standards Act In reaching that conclusion, the court applied the recent favorable decision the department obtained from the First Circuit in Walsh v. Unitil Service Corp.” The court’s actions follow an investigation by the department’s Wage and Hour Division and litigation by its Office of the Solicitor. “Employees have a right to be paid their wages, to seek those wages, and to cooperate with investigators without fear of employer retaliation The court’s summary judgment decision upholds the FLSA’s protections against employers misapplying the law’s administrative exemption to avoid paying overtime to employees and now opens the way for more than 700 F.W. Webb inside sales representatives to receive their hard-earned overtime wages,” said Wage and Hour Division Regional Administrator Mark Watson Jr. in Philadelphia. Based in Bedford, Massachusetts, F.W. Webb Co., which sells HVAC and plumbing and heating supplies, bathroom fixtures, pipe valves and fittings, and related equipment to contractors, industry professionals and homeowners, has wholesale establishments located in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont. SOURCE: US Department of Labor Read the full article

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mesrianilawgroup · 8 months

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How Does the Fair Labor Standards Act Protect Employees?

In 1938, the Fair Labor Standards Act was passed which protects employees’ rights to fair wages. Also known as the FLSA, this law protects employees by placing regulations on interstate commerce employment. It oversees things like child labor, minimum wage, and overtime pay; and has standards for both salaried employees and those paid by the hour.

What is the Fair Labor Standards Act?

The FLSA is a federal law that oversees wage regulations for both full and part time employees whether they are employed by a private company or government employer. It regulates things such as the minimum wage, child labor, recordkeeping, and overtime. Federal minimum wage was increased to $7.25 in 2009 and has not been raised since. Generally, if employees work more than forty hours per workweek, they should be paid ‘time and a half’ which is 1.5 times their regular rate of pay.

Who is Protected By the FLSA?

The Fair Labor Standards Act protects employees of public agencies, interstate commerce, production of commercial goods, domestic service, hospitals, schools, and other education facilities. Independent contractors and volunteers are not legally considered employees, and as such, are not protected by the standards and regulations of the FLSA. Employees who are eligible for overtime compensation are required to complete a record of their attendance and times worked.

Primary Areas of Coverage in FLSA

Minimum Wage – The FLSA maintains the federal minimum wage. As of 2009, the minimum wage has been $7.25 per hour. While states are free to set their own minimum wage rates, the only states with a minimum wage lower than the federal rate are Georgia and Wyoming. Both states pay a minimum wage of $5.15 per hour, although employers who are subject to FLSA regulations are required to pay no less than the federal minimum.

Overtime – If an employee is sixteen or older, they may work as many hours as their employer allows. However, if an employee works more than forty hours in a workweek, they may be entitled to overtime pay. Overtime pay must be at least one and a half times the normal hourly rate of pay for the employee.

Hours Worked – The FLSA oversees all time that an employee is doing their job either on site, on duty, or at a designated location.

Recordkeeping – The FLSA requires that employers keep accurate records of employee timecards and payroll. They must also have an official poster of FLSA requirements displayed for employees.

Child Labor – The FLSA maintains regulations that ensure that work does not interfere with a child’s education or best interests. It also limits the types of jobs that children can work and the conditions they can work under.

FLSA Minimum Wage Protections

Though the FLSA maintains a federal minimum wage of $7.25 per hour, many states have instituted their own laws that set their own minimum wage. The FLSA does not govern state law outside of provisions that are in line with preexisting FLSA requirements.

California Minimum Wage

As of January 2023, the state imposed minimum wage in California is $15.50 per hour for all employers. In the past, employers with 26 or more employees were required to pay slightly more than employers with fewer employees. California minimum wage has been rising steadily for years now:

Minimum Wage by Year

FLSA Overtime Protections

The FLSA maintains that an employer must pay covered non-exempt employees time and a half for any time worked over forty hours in a given work week. This does not include paid time off. A work week might not line up with what is considered a calendar week but is a fixed increment of 168 hours. While the work week may vary for different employees, employers are prohibited from averaging hours beyond the confines of a given work week. Furthermore, overtime pay must generally be paid out on the pay period in which it was earned.

Classifying Employees Under FLSA

It is important to know whether a worker is an employee or an independent contractor. Not only are there differences in the rights and benefits, but employers may face fines and legal action if they are caught misclassifying their workers. There are many questions that can be asked to help determine if a worker is an employee or an independent contractor:

Does the employer or the worker determine when and how the work is done?

Does the employer or the worker determine what the worker’s responsibilities are?

Does the employer or the worker provide the supplies and equipment needed?

Does the employer or the worker pay the payroll taxes?

Does the employer or the worker set the rate of pay?

Who is Exempt from Minimum Wage & Overtime Wages?

If an employee is considered nonexempt, then their employer is required to pay them overtime. If an employee is considered exempt, then their employer is not required to pay them overtime. While there are some jobs that are considered exempt in of themselves, there are three conditions that must be met to determine if an employee is considered exempt, such as:

The amount the employee is paid – Generally $35,568 or more a year

The way they are paid – Generally salary

The type of work performed – As defined by FLSA regulations

Freelance workers and independent contractors are not covered by the FLSA. Employers with less than $500,000 a year in sales as well as small farms that do not engage in interstate commerce are also exempt. Other exempt workers also include:

Executives who manage at least two people and authorize job status of others

Administrators who directly work for management and control their own work duties

Outside salespeople who work primarily offsite and on commission

Computer workers paid at least $684 weekly by salary or fee basis

Workers employed by seasonal recreation establishments

Employees of small local newspapers including delivery workers

Sailors on foreign vessels

Personal caregivers such as homecare aides and babysitters

Employees working under an apprenticeship

Record Keeping That Meets FLSA Standards

When an employer is covered by the FLSA, they must keep detailed records for their non-exempt employees. While there is no uniform standard for how these records are kept, there are specific pieces of information that need to be recorded with complete accuracy for each employee:

Full Name

Social Security Number

Date of Birth (employees under 19)

Sex

Occupation

Start of Workweek Day and Time

Daily Hours Worked

Workweek Hours Worked

How wages are paid

Pay Rate by Hour

Total Straight-time Earnings

Workweek Overtime Earnings

Wage Deductions and Additions

Wages per Pay Period

Dates of Pay Period

Date of Payment

Different types of records must be kept on file for different lengths of time. Payroll, collective bargaining agreements, and sales or purchase records must be kept for at least three years. Things like timecards, work schedules, and other methods for computing wages must be kept for at least two years. These records should be kept on site or at a central record keeping office. Employers are required to make these records open and available for Division inspection.

How FLSA Defines and Regulates Hours Worked

The law defines the word ‘employ’ as “to suffer or permit to work”. The time that an employee spends on site or on duty is considered part of their workweek. The workday begins when the employee first starts working and ends when the employee completes their work. The workday often includes more than just hours worked. There are many different classifications of hours under the FLSA and variables that determine if they are considered working hours.

Waiting – There are two different kinds of waiting time. Being engaged to wait is considered work time such as short periods of down time between tasks. Waiting to be engaged is not considered work time such as free time between jobs.

On Call – An employee is considered working while on call if they are required to stay on site. Generally, if an employee is free to go about their day, they are not considered working while on call. The extent of that freedom may change whether or not the employee is considered working.

Breaks – Short breaks, often five to twenty minutes, are generally considered to be part of hours worked and are paid time. Employers may implement their own consequences for employees taking extended breaks and may be permitted to not count the extra time as time worked. Meal breaks, often thirty to sixty minutes, are usually not considered to be part of hours worked and are unpaid so long as the employee is completely free of their work responsibilities while on break.

Sleep – If an employee is on duty for shifts of twenty-four hours or longer, they may negotiate unpaid sleeping breaks with their employer. These breaks must be more than five and less than eight hours and the employer must provide a proper sleeping area. For shifts shorter than twenty-four hours, authorized sleeping breaks are considered time worked.

Training & Meetings – There are four factors that must apply in order for a meeting or training program to be unpaid: Outside of working hours, attendance is voluntary, unrelated to the employee’s job, and no work is required to be done.

Daily Commute – Regular travel time from home to work and back is not considered hours worked.

One Time Extended Commute – If an employee routinely works at one location and is required to go to another location in another city for a day, the additional commute time may be considered time worked. Employers are permitted to exclude the employee’s normal commute time from those hours.

Daily Travel – Some jobs may require travel as part of the employee’s duties such as deliveries or traveling between job sites. This travel time is considered hours worked.

Trips – If an employee is required to travel for work and is kept away overnight, this is considered travel away from home and is hours worked. Not only is working time counted, but also work hours on days off while away.

FLSA Regulations on Child Labor

There are many restrictions on the type of work that employees under eighteen years old may be permitted to perform as well as the conditions under which they are permitted to work. The FLSA does not allow minors to work jobs that they consider hazardous to the minor’s wellbeing or education. There are also restrictions governing the hours a minor is allowed to work and the breaks they must be provided. Each state also has their own laws regulating child labor that employers should be aware of.

Recent FLSA Updates

The 2018 amendments to FLSA regarding tipped employees were updated in 2020 and 2021. The new regulations forbid employers from taking any part of the employee’s tips and also updated the restrictions on when an employer can alter an employee’s pay based on earned tips.

The Joint Employer Rule was rescinded in July of 2021.

The United States Department of Labor recently began proposal of a new rule to update the regulations and guidelines for determining if a worker is an independent contractor or an employee in accordance with the FLSA. This rule was proposed in October of 2022, replacing the January 2021 rule with a more accurate and precise method for classification. The rule is considered mutually beneficial for both workers and employers, reducing the risk of employee misclassification, and increasing employer confidence and peace of mind when hiring independent contractors.

Common Violations of FLSA

Unfortunately, there are many ways in which employers can and do violate the Fair Labor Standards Act:

Misclassification – Employers may sometimes classify an employee as exempt based on their job title or type of pay rate even though the job duties and amount of pay indicate that the employee is nonexempt. It is important for employers to be mindful of all the variables of a situation and for employees to be well informed of their rights.

Not compensating off the clock work – When an employee works beyond their scheduled time, even if they are clocked out, that is still considered hours worked and the employee should be compensated. Even if the employer did not request or permit the off the clock work, they are still responsible for paying the employee.

Not compensating working breaks – When an employee is expected to be on call through their breaks, or works through their lunch, that time is considered hours worked and the employee must be compensated. In order for a break to be unpaid, the employee must not be performing any job-related duties such as cleaning, replying to emails, or interacting with clients.

Overtime waivers – If an employer has an employee sign a document waiving their right to overtime pay, that document is invalid and unenforceable.

Averaging workweeks – Sometimes, an employer may average out the number of hours an employee has worked over two or more weeks to avoid paying overtime. If an employee takes a day off one week and then works an extra eight hours the next week, the employer may average those hours out to say the employee worked forty hours each week. This may seem mathematically logical, but it is actually legally prohibited.

What to Do If Your Employer Violates the FLSA

Because there are employers who will violate FLSA, employees must be aware of the options available to them and the steps to take if they find themselves in such a situation. Complaints regarding FLSA violations can and should be filed with the Department of Labor’s Wage and Hour Division.

The WHD investigates violation claims by having a representative conduct interviews with the employer and various employees, research payroll and timecard documents, and gather any other information that may indicate if a violation has been committed.

The person who files the complaint does not need to be the person against whom the violation was committed. Anyone who witnesses their employer violating the FLSA may report that violation.

It is prohibited for an employer to retaliate against an employee who has filed a complaint or participated in an investigation against them.

How to File FLSA Complaint

When filing a complaint with the WHD, there are several details you will need to provide:

Your name

Your address

Your phone number

The company’s name, address, and number

Owner/employer/manager name

Your job duties

Your pay rate and method

It is good to be as detailed as possible when providing information. Your complaint is the starting point of their investigation. When filing a complaint as a third party, you may not have all of the information needed, but it is important to share as much as possible.

Contact Mesriani Law Group if You Have Experienced a FLSA Violation

The Fair Labor Standards Act exists to protect workers and their right to fair wages. All too often, employers try to circumvent the law and get away with cheating their employees out of the money they’ve earned. When these violations occur, employees have the right to file complaints against their employers. If you are facing retaliation for filing a claim with the Department of Labor or participating in an investigation against your employer, call Mesriani Law Group today for a free consultation.

Fair Labor Standards Act FAQs

What are the four main elements of the FLSA?

There are four primary areas established and enforced by the Fair Labor Standards Act. Establishing and enforcing minimum wage, overtime pay, regulations for recordkeeping, and regulations for child labor. While some jobs and employees may not be covered by the FLSA or exempt from overtime, the act generally applies to part time as well as full time workers of both private and government employers.

What are some common mistakes made under FLSA?

Whether intentional or accidental, there are employers who do not adhere to the regulations set forth by the FLSA. One of the most common mistakes employers make is misclassifying their employees. Not paying overtime properly and allowing employees to work off the clock or during their breaks without compensation are also violations that occur far too often. It is important for everyone on both sides of an employment relationship to be familiar with the law and how it applies to them.

What is not regulated under the Fair Labor Standards Act?

There are several aspects of employment that the Fair Labor Standards Act does not oversee. This includes but it not limited to things like the payment of wages in excess of FLSA requirements, lunch and rest breaks, termination letters, and final payments for terminated employees. The FLSA also does not regulate paid time off. It is important to also be aware of state laws and regulations pertaining to all employment matters.

#California Employment Law #Fair Labor Standards Act #FLSA #Employment Law #Employment Lawyers #California Attorneys

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