Ten Common Wage & Hour Blunders

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This is an informative presentation on avoiding the common legal and personnel pitfalls that are related to wage/hour issues. Prevention and correction are the goals of this presentation.

This is an informative presentation on avoiding the common legal and personnel pitfalls that are related to wage/hour issues. Prevention and correction are the goals of this presentation.

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  • 1. TEN COMMON, BUT DANGEROUS, WAGE-HOUR BLUNDERS 2009 Labor and Employment Seminar March 3, 2009 Lawrence F. Feheley, Esq. [email_address] . (614) 462-5432
  • 2. 10 Common Wage-Hour Blunders
    • The Fair Labor Standards Act (1938)
    • Minimum wage
    • Overtime
    • Child labor
  • 3. 10 Common Wage-Hour Blunders
    • Remedies
      • Back Pay
      • Double damages
      • Attorney fees
      • Civil penalties
      • Criminal prosecution
    • “Collective Actions”
  • 4. 10 Common Wage-Hour Blunders
    • Mistake 1
    • Minimum Wage Mistakes
      • Coordination of State and Federal law
      • Payroll Deductions
  • 5. 10 Common Wage-Hour Blunders
    • Mistake 2
    • Forgetting Child Labor Restrictions
      • Regulation of hours
      • Hazardous occupations
  • 6. 10 Common Wage-Hour Blunders
    • Mistake 3
    • Tracking Compensable Time
      • Time before and after work
      • Ancillary activities
      • Down time
      • On-call time
      • Training time
      • Travel time
      • Volunteers
  • 7. 10 Common Wage-Hour Blunders
    • Mistake 4
    • Inaccurate Time Records
      • Telecommuting
      • Work “off the clock”
  • 8. 10 Common Wage-Hour Blunders
    • Mistake 5
    • No Payment For Unapproved Overtime
      • Overtime must be paid for work that is required or permitted. It must also be paid for work that is “suffered.”
  • 9. 10 Common Wage-Hour Blunders
    • Mistake 6
    • Miscalculating Overtime
      • Overtime must be paid for work that is required or permitted. It must also be paid for work that is “suffered.”
      • “Regular rate of pay”
      • Meals and lodging
      • Commissions and non-discretionary bonuses-Compensatory time
  • 10. 10 Common Wage-Hour Blunders
    • Mistake 7
    • Misclassifying Employees
      • Overtime exemptions
      • Computer and IT employees
      • Independent contractors
  • 11. 10 Common Wage-Hour Blunders
    • Mistake 8
    • Improper Deductions From Salary
      • Permissible Salary Deductions
        • Personal reasons (full day)
        • Jury duty, trial witness, military duty
        • FMLA absences
        • Sickness or illness (full day)
        • First and last week
        • Safety rules
        • Disciplinary rule violations
      • “ Safe Harbor” Policy
  • 12. 10 Common Wage-Hour Blunders
    • Mistake 9
    • Retaliation
  • 13. 10 Common Wage-Hour Blunders
    • Mistake 10
    • Don’t Delight in the Troubles of Your Competitors
  • 14. 10 Common Wage-Hour Blunders
    • Preventative Tips
      • Audit your exemptions
      • Check your salary deductions
        • Have a written safe harbor policy
      • Keep accurate records of all time worked by non-exempt employees
      • Have written policies on:
        • reporting all work time
        • off the clock work (prohibit “volunteering” time)
        • overtime approval
      • Train supervisors on compensable time
      • Review your on-call, travel, and paid work time procedures
  • 15. Thank You!
    • Larry Feheley
    • Kegler, Brown, Hill & Ritter Co., L.P.A.
    • 65 E. State Street, Suite 1800
    • Columbus, Ohio 43215, USA
    • Direct Dial: (614) 462-5432
    • Fax: (614) 464-2634
    • Email: [email_address]
    • Web Address: www.keglerbrown.com