Employers should consider taking proactive steps to make sure your workers are classified correctly to reduce the risk of fines, penalties, and/or imprisonment.
Fair Labor Standards Act (FLSA) cases have hit a new record high and continue to rise. A record breaking 8,126 FLSA suits were filed in Federal courts in the last year. All in all there has been an increase of over 400% since the year 2000.
The Fair Labor Standards Act (FLSA) requires employers to pay all employees at least a minimum wage and provide overtime pay for all hours worked in excess of 40 in a workweek. However, the FLSA permits employers to treat employees in certain positions that meet specific requirements as exempt from overtime coverage under the law. In general, the FLSA’s exemptions apply to executives, administrators, professionals, and computer technicians.
In March 2014, President Obama signed a presidential memorandum authorizing the Labor Department to examine changes that would expand the number of employees eligible for overtime pay. Why? Businesses are classifying all kinds of employees as professional or administrative – including some who make as little as $23,660 a year – thereby exempting them from overtime requirements under current law.
Penalties for non-compliance with FLSA’s exemption provisions can include:
Payment of back wages
Fines of $10,000
This should serve as a wake-up call to employers to make sure they are compliant with the FLSA la
Areas to be Covered:
Overview of the Fair Labor Standards Act
Exempt vs. non-exempt criteria
How to appropriately deduct pay from an exempt employee for suspensions, furloughs, etc.
What to expect and how to prepare for an FLSA inspections
Misclassifying workers as independent contractors
Penalties for non-compliance
Who will Benefit: