Blog

6 07, 2022

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

July 6th, 2022|compensation, Fair Labor Standards Act (FLSA), Overtime, Recordkeeping|

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, [...]

22 06, 2022

Can you pay employees with cryptocurrency?

June 22nd, 2022|compensation, Department of Labor, labor regulations, Fair Labor Standards Act (FLSA)|

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 [...]

10 06, 2022

Can you count FMLA leave under your no-fault attendance policy?

June 10th, 2022|FMLA|

The Department of Labor (DOL) recently clarified how attendance policies can lead to violations of the Family and Medical Leave Act (FMLA). No-fault attendance policies give employees points for every absence instead of distinguishing among reasons for leave. For example, a father who misses three days of work to care for his young daughter in [...]

26 05, 2022

Penalties for FLSA violations increase in 2022

May 26th, 2022|Department of Labor, labor regulations, Fair Labor Standards Act (FLSA), FMLA|

The cost of everything seems to be going up--and that includes fines for violations of the Fair Labor Standards Act (FLSA). The Department of Labor announced its latest penalty amounts in the Federal Register on January 14, 2022. Here's what has changed for 2022 as it pertains to the FLSA and some other laws administered [...]

20 05, 2022

Must employees be paid while they wait for slow computers?

May 20th, 2022|compensation, Timekeeping|

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 [...]

12 05, 2022

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

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

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 [...]

6 05, 2022

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

May 6th, 2022|compensation, Timekeeping|

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 [...]

29 04, 2022

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

April 29th, 2022|compensation, Fair Labor Standards Act (FLSA), hiring, Recordkeeping|

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: http://www.antiquetrader.com/antiques/antiques-americana/antique-store..

20 04, 2022

Interviewing new workers? 4 types of questions you should be asking

April 20th, 2022|hiring|

Since the Great Resignation is still in full swing, it's key to get the right employees in the door to fill any job openings. To better wade through the sea of applicants and increase your chances of successfully onboarding and retaining new people, you need to start off on the right foot during the interview [...]

15 04, 2022

Looking for the best wording for employee notifications?

April 15th, 2022|Uncategorized|

Federal, state, or local laws might require you to send notices to employees regarding their pay. Or, you might voluntarily decide to beef up communications. Before you spend time searching for just the right words, find out whether the government entity has already done the work for you. For example, in Notice 2021-53, the IRS [...]