From our vantage as wage and hour law practitioners, we are hearing that many employers are concerned that the United States Department of Labor's Wage and Hour Division will begin enforcing the Fair Labor Standards Act and related laws more aggressively. We are also hearing concerns that stricter enforcement policies, and changes to archaic minimum wage and overtime pay laws, will prompt another uptick in class and collective action litigation nationally.
That, naturally, has raised the question: How can employers ensure they are in compliance with those laws so they can limit the risk of facing an aggressive WHD investigation or a costly wage and hour lawsuit?
At the links below, you will find three excerpts from our FLSA Handbook that address this question directly:
Chapter 14, "Compliance and Prevention Matters." In this chapter, we provide an overview of measures that an employer can take to comply with state and federal wage and hour laws. We also provide an outline to assist employers in structuring their own self-assessment process and for remediating issues determined as a result of that process.
Chapter 7, "Exempt Employees." Second, because exempt misclassification issues are among those more prominently revealed during WHD investigations and are often the focus of costly litigation, we provide a link to Chapter 7, which explains the most common, "white collar" minimum wage and overtime pay exemptions.
Appendix 8, "Sample Job Assessment Questionnaire Form." The Handbook's appendices contain two sets of guidelines to support the review of employees' exempt classification. We provide a link to Appendix 8 because it is practical and user-friendly.
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There are many other sections of our Handbook that will prove helpful to employers as they reinforce their wage and hour compliance practices. We thought these three might prove the most immediately useful, given what we've heard from our clients and friends.
We have received positive feedback from the many employers who have received our national Wage and Hour Litigation Practice Group's FLSA Handbook. Readers have told us that the 171 pages of substantive guidance is written clearly and practically. Busy in-house employment counsel, payroll, and human resources professionals have told us they especially appreciate the content included in the Handbook's appendix which includes everything from questionnaires for conducting wage and hour assessments to guides for the intake of FLSA litigation.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
