Tag: FLSA

Misclassification mistakes: Know risks and prevention strategies

It’s almost an understatement to call misclassification of employees as independent contractors a hot topic. It’s certainly the subject of a growing list of court cases, government agency investigations, and legislative initiatives. Various agencies at both the state and federal level have been in crackdown mode for a few years now, and it’s no wonder: […]

Holiday Bonuses Result in Good Cheer — But Can Cause FLSA Overtime Problems

As the holiday season approaches, employers and employees are beginning to anticipate holiday bonuses. Whether they come in the form of material gifts, cash awards or other benefits, employers should be careful in providing them, because sometimes bonuses must be included in the employee’s pay rate. Although “improper bonus” cases are not common, they still […]

The 3 Key Criteria for Choosing Your Payroll Auditor

Lambert, who offers payroll training as “The Payroll Advisor,”says that you can’t give payroll auditing over to just anyone who’s free.  There are three points that are critical for choosing the auditor.  1. Not the Person Who Does the Job First, says Lambert, you want someone other than the one who does the job to […]

California vs. federal travel pay

Travel pay poses a significant risk for wage and hour claims since the line between employer time and employee time can easily blur. With employees commuting to and from the workplace; to and from jobsites; and to and from hotels, airports, and conferences, the line between personal time and work time isn’t always clear. The […]

Internal Fraud—How to Audit for Common Crimes

Lambert, who offers payroll training as “The Payroll Advisor,” says that if you are doing an audit, might as well audit for fraud as you go. She’s found a lot of fraudulent behavior that way. Auditing for Fraud Payroll fraud is defined as “anything that uses payroll to take money from the company in a […]

How Can Wage/Hour Bring Us Down? How Hard Is It?

Yesterday’s Advisor featured common—and egregious—wage/hour missteps; today, four more, plus an introduction to the simple-to-use, popular guide that answers all your FLSA questions. [Go here for failures 1 to 3] 4. Providing inaccurate or falsified payroll records to the government Obviously, providing falsified records is not a wise practice. However, many submitted records are merely […]

Employers: Best to Have ‘Binders Full’ of Employment Law Info

“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]

The 7 Paycheck Failures that DOL Targets Most

DOL recently settled a case against a major construction company, whose list of legal failures provides a good checklist of infractions every company should strive to avoid. (You’ll also avoid the almost $1 Million fine the company will pay to settle the case.) DOL’s action against Lettire Construction Corp., which was punctuated by the substantial […]

Tips on FLSA’s Training Rules Can Help Employers Avoid Trips to Court

Many employers get sued for failing to properly administer compensable time — including the requirement that generally, employers must pay employees for time spent in training programs, meetings or similar activities. So to avoid costly litigation or enforcement challenges, an employer needs to understand — and correctly apply —the Fair Labor Standards Act’s basic criteria […]

Suggested Metrics for Compensation and HR

Metrics for Compensation Programs Compensation costs per dollar of profit Compensation costs per dollar of revenue Analysis of performance and production levels of employees paid in the top 30 percent of their salary range Total compensation costs as a percent of total company operating costs Analysis of compensation levels to the marketplace and key competitors […]