Do you know the laws for paying final wages to workers who resign or are fired?

If you terminate an employee, or if an employee quits, do you know the laws regarding their final pay? These laws, which vary by state, cover: When workers must be paid. This can depend on whether the separation from employment is voluntary or involuntary, final or temporary, and sometimes even the type or work or [...]

August 8th, 2022|compensation|

Must you pay for pre- and post-shift work?

The Department of Labor (DOL) assessed Area Wide Protection Inc., dba Roadtek Traffic Solutions LLC, $112,187 in back wages and an equal amount in liquidated damages to 297 employees based in Virginia, North Carolina, and Pennsylvania. The employees had to report to the office to complete tasks before and after their shifts. Tasks included flagging, [...]

Can you pay employees with cryptocurrency?

In a word, no. The Fair Labor Standards Act (FLSA) regulations state that wages must be paid in cash or its equivalent. Employers may pay bonuses in crypto, but FLSA regulations do not permit base wages to be paid in virtual currency (crypto), such as Bitcoin. Payments for work are considered "wages" for employment tax [...]

Must employees be paid while they wait for slow computers?

Technological setbacks can try anyone's patience--whether it's waiting for your computer to boot up, software to load, or upgrades to finish. Recently, questions about whether nonexempt employees must be paid for this type of waiting time have reached the courts. Here are the details from two cases: In Peterson v. Nelnet Diversified Solutions, LLC, the [...]

May 20th, 2022|compensation, Timekeeping|

Sign-on bonuses may need to be included in OT calculations

Home health company owed $25K after DOL investigation Getting employees in the door with sign-on bonuses can help a company through a hiring crunch, but a new employee's bonus may need to be included in the regular rate of pay for overtime purposes. In fact, the Department of Labor (DOL) has been checking for compliance [...]

May 12th, 2022|compensation, Fair Labor Standards Act (FLSA), Overtime|

Employee’s last day: how much pay should be included in final check?

Termination pay is riddled with potential problems, as a recent federal district court case shows. In Garcia v. Wal-Mart, an employee clocked in for work and a few minutes later was called into a meeting with his supervisor, where he learned of his termination. He then left the premises, and his co-worker clocked him out [...]

May 6th, 2022|compensation, Timekeeping|

How Under-the-Table Pay Hurts Both Employer and Employee

For the most concise and clear explanation of how under-the-table pay hurts both employer and employee and six fixes, check out this article:

Country club penalized for not including commissions in OT calculations

Belle Meade Country Club in Nashville TN violated the overtime provisions of the Fair Labor Standards Act and had to pay 12 workers $93,750 in back overtime wages and damages. Employees--who provided lessons, merchandise sales, and equipment services to members and guests of the Club--didn't receive the proper overtime pay because commissions were not included [...]

March 25th, 2022|compensation, Fair Labor Standards Act (FLSA), Overtime|

Are you paying workers when shift is cut short?

If your business pays hourly workers, are you aware that you need to pay them for the full shift if they show up to work and then their shift hours are cut? This law applies to employers in MA and NH as well as some other states. Read more here.

March 3rd, 2022|compensation|

Massachusetts COVID-19 Emergency Paid Sick Leave

The Massachusetts COVID-19 Temporary Emergency Paid Sick Leave Program requires employers to make leave time available to employees for certain reasons related to COVID-19. This program is effective from May 28, 2021 to April 1, 2022, or when funding runs out, whichever is first.The Emergency Pay is implemented as a reimbursement program, meaning it does not [...]

February 26th, 2022|compensation, Covid-19|