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Tag: wage and hour violations

DOL’s Wage & Hour Violation Self Reporting Program

Talking through a problem

On March 6, 2018 the Department of Labor launched a pilot program allowing employers to audit their own pay practices and catch and report their own wage and hour mistakes. It’s called the Payroll Audit Independent Determination (PAID) Program and will operate for six months as a pilot program.

Prior to now, wage and hour mistakes would land employers in court where they would have to pay court and lawyer fees, back wages, and liquidated damages. With the PAID program, if mistakes are caught independently and in good faith, employers can avoid the extra costs and simply pay employees back for the mistakes made.

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Wage & Hour Best Practices to Keep Small Business Owners Out of Court

hand open book of best practice

Owners of very small businesses often do everything themselves. They don’t have an HR person to tell them what’s legal and what’s not. They just have to try to keep up with the changing federal and state laws on their own. The problem with that is many of them don’t and, as a result, employers frequently have to deal with employment lawsuits. Employers can keep themselves out of trouble by following some time and attendance best practices:

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What Happens When You Make a Mistake With Payroll?

I know what you’re thinking. Your employee will report it to the Department of Labor. You’ll get sued, fined, ordered to pay back wages, and forever fear the DOL. It’ll be an ugly mess over an honest mistake.

Luckily, that’s not necessarily the case. If an employer honestly tries to follow the rules and doesn’t pull any sneaky maneuvers to eliminate or reduce overtime, then the DOL will probably not crack the whip when an employee sues. At least that’s how it has appeared in a recent case.

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How to Avoid Overtime Violations – Infographic

Overtime Violations InfographicOvertime violations are something all employers want to avoid but a lot of small businesses get into trouble because the rules aren’t clear. Running a small business is hard enough without also having to be familiar with all the federal and state labor laws.

It’s our job to know overtime laws so we’ve put together this infographic to highlight the most common ways employers violate FLSA wage and hour laws, how to avoid violations, and the penalties that might ensue.

How to Avoid These Violations

An HR consultant or in house HR department can help a company avoid the following problems since human resources professionals are trained in labor laws.

Some small businesses cannot bear that expense and so reading up on wage an hour laws on the DOL’s website is a must. Using a time tracking service and payroll service that abide by pay and record keeping rules will also help reduce the possibility of errors.

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Common Wage and Hour Mistakes That Could Cost You

Making a mistake on your employee’s payroll obviously costs the employee their due wages but it can also cost you, the employer, in lawsuit damages. This is the last place you want to end up. Wage and hour lawsuits are expensive. And with the Department of Labor planning to hire 300 more investigators, small businesses will be even more at risk for getting caught.

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Common Overtime Violators by Industry

Overtime violations fit into a category called wage theft. And the thieves are, in this case, not the poor or needy, but the more fortunate business owners. While they would hardly call themselves thieves, they essentially steal wages from the poor and the needy: their low-wage employees. Sometimes business owners and managers do this by accident but most of the time they are trying to cut corners and save money by either:

  • Withholding overtime
  • Making employees work off the clock
  • Tip withholding
  • Paying employees under the minimum wage
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California Hotels Pay Thousands In Back Wages for Overtime Violations

Some companies get pretty strategic when it comes to avoiding overtime payments. You would think it would be a simple matter of paying employees a straight wage instead of one and a half times for anything over 40 hours but, in fact, employers go to much more complex measures to “trick” the Department of Labor.

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Ruby Tuesday Pays Big for Meal Break Violations

It’s always sad to see companies guilty of labor law violations, for one because workers rights are so important and two because the violations can be easily avoided.

The Attorney General’s Fair Labor Division launched an investigation of Ruby Tuesday’s labor law practices. Ruby Tuesday was found out of compliance with both the length of shifts of school aged teenagers as well as meal breaks for employees working more than 6 hours.

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