DOL: Not enough for employer to have compliant policy on the books

Why it's key to encourage proper timekeeping practices Supervisors must make sure employees are following your timekeeping policies as they're written. Even if the policy you have on paper is compliant with the law, a regular pattern of the policy being ignored or discouraged can work against your company in any disputes. One employer learned [...]

July 9th, 2021|Recordkeeping, Timekeeping|

New DOL guidance on tracking and paying for remote employees’ hours

"Reasonable diligence" expected from employers You know it's important to accurately track and report the hours people work, even if they're teleworking. The Dept. of Labor (DOL) confirms this in Field Assistance Bulletin No. 2020-5. The bulletin discusses employers' responsibility to pay employees for time worked when they're remote and what's considered "reasonable diligence" under [...]

January 15th, 2021|Recordkeeping, Remote work, Timekeeping|

DOL enforcing FFCRA and other laws via in-person audits: how to prepare

Surprise visits to double-check compliance for all employers The Department of Labor (DOL) is ramping up enforcement of various laws, including the new Families First Coronavirus Response Act (FFCRA). Several employers have already been tripped up by FFCRA and what it requires, and the DOL’s been fining them for noncompliance. The agency’s also going after [...]

September 10th, 2020|FFCRA, Recordkeeping|

Vague wage statements cost large employer big bucks: Lessons learned

Vague wage statements cost large employer big bucks: Lessons learned Critical info Walmart didn’t include on workers’ paystubs Employee wage statements should be as clear and informative as possible to prevent legal trouble, as shown by the outcome of a recent court case in California. In Magadia v Wal-Mart Associates Inc., a former employee sued [...]

October 10th, 2019|Recordkeeping|

Meal Breaks and compensable time: Company owed $915K for pay errors

Meal Breaks and compensable time: Company owed $915K for pay errors Employees weren’t paid for hours actually worked It’s critical that workers who are entitled to meal breaks are given the chance to take them free of duty. If they somehow end up working through a bona fide meal period and aren’t paid correctly for [...]

September 18th, 2019|Recordkeeping, Timekeeping|

Thrift store chain didn’t pay workers for short breaks & OT owed $114K

Thrift store chain didn’t pay workers for short breaks & OT owed $114K When brief rest periods are considered compensable. It’s important to pay employees correctly for all hours that count as time worked, including compensable break time. After a Dept. of Labor (DOL) investigation, one branch of a national thrift store chain came under [...]

July 24th, 2019|Overtime, Recordkeeping|

Travel time: Important guidance for when employees should be paid

Company owes $62k to workers required to drop of trucks   Under the Fair Labor Standards Act (FSLA), all travel between job sites throughout the workday must be paid. This includes if employees are required to “check in” at their employer’s location after completing their work at the end of the day.   Making mistakes [...]

July 26th, 2018|Recordkeeping, Timekeeping|

New info from DOL clarifies when rest breaks must be paid

FMLA may supersede rules on breaktimes   What happens when an employee asks to take repeated, short breaks each workday for a health condition?   Should you be making sure that person gets paid – or does the Family and Medical Leave Act (FMLA) supersede the rules on breaktimes?   The Dept. of Labor (DOL) [...]

July 26th, 2018|FMLA, Recordkeeping|

$120K owed: Food processing wasn’t a problem, but payroll processing was

Employer falsified timecards, then disposed of them   Investigators found glaring paycheck errors at a food-processing plant in Westbury, NY, the state attorney general announced.   From 2013 to 2017, Diversified Processors Inc. and Processors Inc. mishandled minimum wage and overtime payments due to 10 plant workers.   Now, the employer must pay $120,555 in [...]

July 19th, 2018|Recordkeeping, Timekeeping|

How DOL’s new PAID program could help companies resolve wage issues

Self-audit initiative would limit liability if violations found   Sometimes, self-audits of a company’s payroll process may uncover surprising issues with paying workers correctly.   The Dept. of Labor (DOL) is throwing a lifeline to employers who discover wage problems with its newest initiative, the Payroll Audit Independent Determination (PAID) program.   Specific requirements   [...]

May 31st, 2018|Fair Labor Standards Act (FLSA), Recordkeeping|