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Recordkeeping

FLSA FAQ: The Problem with Per Diems

Last week, I mentioned that the “per diem” issue under the Fair Labor Standards Act (FLSA) is not just a regular rate calculation problem, but a liability issue, too.  In the case that we discussed on Friday, the parties had agreed that ...

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Closing the Deal: Strategies to Address FLSA and Wage and Hour Problems during Due Diligence

In Monday’s post, I highlighted some of the steps buyers and sellers should follow when conducting due diligence on FLSA and other wage and hour-related issues.  The next obvious question, of course, is what to do when your initial due ...

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Closing the Deal: FLSA Due Diligence with Mergers & Acquisitions at Record Highs

Over the past week, I’ve read a spate of stories about the boom in mergers and acquisitions around the world.  In the U.S., we’re in the biggest boom in M&A activities since the 2008 economic crisis.  Israel has already set ...

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E-Verify Deadline Approaching, New Study Shows E-Verify Alone May Not Be Panacea

Recently, I read with interest this study that examines the impact of the 2007 Legal Arizona Workers Act (LAWA) on employment outcomes of low-skilled legal workers. The Act requires Arizona employers to use the federal E-Verify database to determine whether a prospective employee is ...

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FLSA FAQ: Handling Vacation, Holiday, and Sick Leave Pay for Alternative Work Schedules

Last week, we discussed the 9/80 pay plan, and it raised a couple of questions for readers given the increasing prevalence of these schedules in the workplace.  If employees regularly work 9-hour or 10-hour shifts because of a 9/80 or ...

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Alternate Work Schedules: The 9/80 Pay Plan

Recently one of my colleagues asked a question about the Fair Labor Standards Act (FLSA) implications of a 9/80 pay plan that a client wanted to implement.  What is the 9/80 pay plan?  It is one of many alternative schedules ...

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The Regular Rate for Commissioned Employees: Lookbacks and “Earned” Commissions

In yesterday’s post, we discussed the basics of calculating the “regular rate” for non-exempt employees under the Fair Labor Standards Act (FLSA), including a reader question on how to handle commissions. Commissions are one of the forms of remuneration that you ...

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FLSA FAQ: Calculating Commissions for Non-Exempt Hourly Employees

Earlier this week in a telecommunications HR group that I participate in, one of the HR professionals asked this question: Q.  How do we pay overtime to hourly inside sales employees that are paid a fixed hourly rate plus commission?  Do ...

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Rounding Time Entries: The High Stakes FLSA Poker Game

Do you remember this indie, middling box office success starring Matt Damon and Edward Norton about high-stakes poker?  In short, Matt Damon’s character loses all of his money, goes to law school (where, in a plot twist no law student would ...

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FLSA FAQ: Automatic Deductions for Meal Periods and Breaks

As we discussed earlier this week, under the FLSA employers do not have to pay employees for “bona fide meal periods,” because the regulations do not consider them to be work time. For a break to qualify as a bona ...

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