today:
89
yesterday:
179
Total:
1,001,185

Articles about Careers

HR Disciplines 4 Overtime Traps to Avoid

HR-Consultant 2012.07.07 19:03 Views : 832

4 Overtime Traps to Avoid

Follow these tips to ensure you're following overtime regulations.

Overtime. It's been a law for almost 70 years. If you thought that after all that time every business would know how to follow it, you would be very, very wrong.

Alleging violations of the overtime law is a new "growth industry," with employees (and their lawyers) going after everyone from mom-and-pop businesses to industry giants. To keep your business from becoming yet another lawsuit statistic, here are four common overtime traps and how to avoid them:

 

 

Overtime Trap No. 1: "I don't have to pay overtime because she's paid a salary." Ouch! That's a very common trap, and it makes me cringe every time I hear an employer say it because "it just ain't so."

Paying an employee a salary is only one of several legal requirements that must be met before an employee can be exempt from overtime pay. For example, a salaried employee must also be classified as an executive, administrative or professional employee in order to be considered exempt from overtime pay.

These employee classifications have strict legal standards that must be met before an employee is legally exempt from overtime pay. See Overtime Trap No. 4 for more details.

 

Overtime Trap No. 2: "You need approval to work overtime before I have to pay overtime." Yikes. Here's another common trap employers fall into.

Many companies require employees to obtain approval from their supervisor before they can work overtime. The obvious reason for this rule is to keep a rein on a company's labor budget by tightly controlling the amount of overtime worked.

But what if the employee works overtime without first obtaining permission? The simple answer is that the overtime law overrules the company's policy. The law is clear that the employee must be paid overtime for all time worked regardless of whether or not "approval" was obtained.

To stay in control of overtime costs, you can legally establish a work rule that subjects an employee to discipline if the employee fails to get authorization for working overtime. In other words, the employer must pay for unauthorized overtime, but the employee could "pay" for working unauthorized overtime by incurring appropriate disciplinary action.

 

 

Overtime Trap No. 3: "On call can equal overtime." Many businesses today, such as heating and air conditioning companies or plumbing companies, offer 24/7 service typically through an emergency or after-hours phone number. Often, the company will tell one or a small group of employees that they are "on call" for a certain night or weekend and that they will be expected to respond to any after-hours or emergency calls for service.

The overtime trap in this situation is that an on-call employee may be eligible for overtime pay in two ways. First, the employee could be paid overtime for any hours that the employee actually worked during on an after-hours service call. Second, the on-call employee may also be eligible for overtime pay for each and every hour that the employee is on call, regardless of whether or not she is actually working. Talk about "making money while you sleep."

Of course, if the employee is already legally exempt from overtime pay, then this "on call equals overtime" equation is not applicable.

 

 

Overtime Trap No. 4: "The times they are a-changin'." If reading about the first three overtime traps has you confused, baffled and bewildered, don't worry. It's going to get worse before it gets better.

The first major changes to the overtime rules in almost 50 years are due to become final on August 23, 2004. Even if your business is currently squeaky clean when it comes to compliance with existing overtime law, you will need to reevaluate your policies in light of the new regulations, which in some cases are more employer-friendly than before.

Because the new overtime regulations are written by lawyers for lawyers (as opposed to being written by people for people), you may want to check with an employment law professional to see how your existing overtime policies and procedures will measure up after August 23.

For those who like do-it-yourself projects, the Department of Labor has extensive online information explaining the new overtime regulations, including a video seminar.

 

Note: The information in this column is provided by the author, not Entrepreneur.com. All answers are general in nature, not legal advice and not warranted or guaranteed. Readers are cautioned not to rely on this information. Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.


Chris Kelleher is and an award-winning small-business advisor and attorney. He's also a sought-after speaker and the founder and resident legal guru of The Law Firm For Businesses, a boutique law firm that helps business owners creatively solve their business and legal problems.

 
No. Subject Date Views
81 Multi-Million Dollar Overtime Laws Class Action Has July Court Date 2012.07.07 1029
80 Wrongful Termination Lawsuits on the Rise 2012.07.07 824
79 Employers must post the employee notice 10 days before a statewide election - form attached 2012.07.07 599
78 Time off to Vote Notices - Employers must post the employee notice 10 days before a statewide election - form attached 2012.07.07 1735
» 4 Overtime Traps to Avoid 2012.07.07 832
76 U.S. offers tips on avoiding overtime pay 2012.07.07 581
75 California Overtime Violations FAQ - California Overtime Violations FAQ 2012.07.07 653
74 California Overtime Violations FAQ - What is considered a "work week?" 2012.07.07 564
73 California Overtime Violations FAQ - Alternate Work Week? 2012.07.07 621
72 California Overtime Violations FAQ - what if work overtime without permission? 2012.07.07 666
71 California Overtime Violations FAQ - Can my employer require me to work overtime? 2012.07.07 605
70 California Overtime Violations FAQ - how long does it take to get paid overtime? 2012.07.07 621
69 California Overtime Violations FAQ - what does exemption or being exempt mean? 2012.07.07 732
68 California Overtime Violations FAQ - I don't supervise anyone. How can I determine whether I have been misclassified as exempt? 2012.07.07 605
67 California Overtime Violations FAQ - signed up a statement as exempt and supervisor told no overtime. Is that right? 2012.07.07 706
66 California Overtime Violations FAQ - I work part time and am paid a monthly salary. Does that exclude me from overtime? 2012.07.07 762
65 California Overtime Violations FAQ - I supervise 2 people. Does that mean I fit into the Executive Exemption? 2012.07.07 666
64 California Overtime Violations FAQ - I'm a truck driver. Does that mean I an exempt? 2012.07.07 665
63 California Overtime Violations FAQ - Does travel time count as overtime? 2012.07.07 678
62 California Overtime Violations FAQ - What can I do if my employer doens't pay me my overtime wages? 2012.07.07 705
61 California Overtime Violations FAQ - Why do I need an attorney when I can just file an overtime claim with The California Labor Commission? 2012.07.07 640
60 California Overtime Violations FAQ - How long does it take to get an Overtime Court Case? 2012.07.07 638
59 California Overtime Violations FAQ - How much will a California Labor Law Attorney Cost? 2012.07.07 604
58 California Overtime Violations FAQ - Can I file an overtime complaint against my current employer? 2012.07.07 708
57 California Overtime Violations FAQ - I think my employer will retaliate against me if I file a wage claim for unpaid overtime. What can I do? 2012.07.07 640
56 Age Discrimination 2012.08.04 1036
55 Caldwell Freight Lines to Pay $120K to Settle EEOC Race Discrimination Lawsuit 2012.08.04 1240
54 Comfort Inn Oceanfront South Sued By EEOC for Religious Discrimination 2012.08.04 1420
53 Owner of 25 McDonald's Restaurants to Pay $1 Million in EEOC Sexual Harassment Suit 2012.08.04 1324
52 Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008 2012.08.04 1964
51 Money: It’s Not All Employees Want 2012.08.09 1071
50 Fremont Toyota Pays $400,000 to Settle EEOC's Harassment and Retaliation Lawsuit -Press Release-08-07-12 2012.08.18 1448
49 Age Discrimination 2012.08.18 1739
48 Definition of the Family and Medical Leave Act (FMLA) and the California Family Right Act (CFRA) 2012.08.18 1584
47 Benefit to employee 2012.08.18 2086
46 WHO IS ELIGIBLE FOR FMLA/CFRA LEAVE 2012.08.18 2155
45 FMLA 관련 중요한 날짜 계산 방식 2012.08.18 2484
44 Fremont Toyota Pays $400,000 to Settle EEOC's Harassment and Retaliation Lawsuit - Allegation 2012.08.19 1459
43 Hire할 때, Terminate 시킬 때, LOA 때 반드시 갖추어야 할 HR 서류 List (CA) 2012.08.22 1387
42 Article : Love Contract 2012.10.22 1281
41 FICA's Bite: Wages Subject to Social Security Tax to Increase in 2013: Taxable maximum earnings will rise to $113,700 from $110,100 2012.10.26 1140
40 OT에 관하여 2012.11.19 1187
39 Reduced Wages - 몸이 아파서 제대로 일을 하지 못하였습니까? 2012.11.22 2372
38 How to Calculate Employee Turnover? 2012.11.30 1164
37 IMPORTANT MESSAGE TO 2012 FSA PARTICIPANTS - FSA를 가입하셨나요? 어떻게 2012를 마무리해야 할까요? 2012.11.30 1200
36 FSA - Allowable Medical Expenses - 어떤 비용들이 해당이 될까요? 2012.11.30 1380
35 10 ways to limit holiday party liquor liability 2012.12.04 1369
34 How to file a claim with the Bureau of Field Enforcement (BOFE) 2013.02.10 2196
33 AT&T Workers Claim Lunch Break Violations 2013.03.03 1461
32 No Such Thing as a Free Lunch: ConocoPhillips to pay $15.5 Million to Settle Meal Break Lawsuit 2013.03.03 1502