Calculating Overtime under the Fair Labor Standards Act

Lawsuits under the Fair Labor Standards Act have reached an all-time high. The Department of Labor estimates that 87% of all employers are not in compliance with their obligations to pay overtime to non-exempt workers. Even employers with the best intentions find themselves violating some aspect of the Fair Labor Standards Act. In addition to misclassification issues, employers fail to recognize what time must be compensated and then how to calculate how much is owed when the employee works overtime. The use of personal digital devices and the growing popularity of telecommuting have made this task even more difficult!

The most common errors identified by the DOL are failing to pay for all hours an employee is “suffered or permitted” to work; directing staff to “get the job done” but ignoring the time it takes to complete the task; failing to pay for pre or post shift work activities; failing to properly calculate an employee’s regular rate; deducting 15 or 20 minute rest breaks from work hours; and not capturing “homework.” Is your company in compliance?

When an employer calculates overtime pay for its employees, the employer must ensure that it is complying with all of the nuances of the Fair Labor Standards Act. What is so difficult about multiplying the employee’s standard rate by 1.5? Well, have you captured all of the time worked? Have you correctly counted that standard rate? Have you considered ways to cut your overtime liability?

Learning Objectives

 - How to define your workweek

 - What is compensable working time?

 - How to determine the regular rate of pay.

 - Determining when bonuses must be in the regular rate

 - How to pay employees who work at different rates

 - Using salary coefficient to pay workers.

 - Using 7(k) exemption to pay police and fire detail

 - And much more.

Who Should Attend: Human resources managers, payroll clerks, Chief Financial Officers, compensation analysts

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

CEUs

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Credits: 1.5

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