Compensable time issues and calculating the correct overtime rates under the Fair Labor Standards Act can trip up even the most savvy HR professional.
The key is in understanding what qualifies as compensable time? The FLSA is clear on this, but oftentimes employers aren´t. Waiting time, on-call time, rest and meal periods, sleeping time, lectures, meetings and training programs, travel time, travel that is all in a day´s work, travel away from home, etc. are all examples of on and off the clock issues that employers deal with every day.
Every day, employers are calculating overtime rates for non-exempt employees, but too often key factors such as commissions and bonuses are left out of the equation. Understanding how to calculate OT starts with determining what should be included in the original rate and it´s not just their hourly wage.
Problems occur when employers fail to recognize and count certain hours worked as compensable time or certain payments as part of the regular rate. Getting it wrong can be costly in terms of potential fines and possible litigation.
Objectives of the Presentation
Review the FLSA overtime and compensable time rules step-by-step
Examine the thorny issues concerning what constitutes compensable time including: working through lunch without pay, compensation for training time, compensatory time, deducting pay for short breaks, etc
Understand how to apply the FLSA compensable time rules to your workplace
Learn whether you must pay employees for on-call time
Meal and rest-break periods - What the law requires
Learn how the "relieved from duty" concept may ultimately determine what is considered compensable time
Understand what payments need to be included in the regular rate such as commissions and bonus, and what is excluded from the regular rate
Examples of employers failing to pay non-exempt employees for all time worked, or failing to take into consideration additional payments before calculating overtime pay
Why Should you Attend
There are very strict rules about how and when non-exempt employees should be paid. Two commonly misunderstood aspects of the FLSA are hour´s worked, or compensable time, and how to calculate overtime. To stay in compliance with the FLSA, it is vital that all employers understand the finer points of these two aspects of the regulations.
Are you prepared with a defense if the Department of Labor shows up tomorrow and audits your pay practices? This webinar will explain the common mistakes and how to avoid calculating overtime incorrectly or failing to pay non-exempt employees for all their compensable time.
General principles under the Fair Labor Standards Act (FLSA) related to:
Other than actual hours worked, what other time must non-exempt employees be paid for
Determining what compensation is included in the regular rate
Understanding what is excluded from the regular rate
How to calculate overtime correctly
Most employers pay non-exempt employee for all their hours worked, but often don't know what else should be included. Travel time, education, meetings, and rest or meal periods? In addition, when overtime is due pay for commissions and bonuses are frequently missed. Employers must make sure they follow the regulations set out by the Fair Labor Standard Act or risk an unpleasant experience with the DOL or their employee's attorney.