FLSA Wage and Hour Lawsuits Still on the Rise
As we've mentioned here before, there has been proliferation of FLSA wage cases filed in the last few years, particularly in the Florida district courts. In fact, the volume of FLSA claims has nearly tripled in the past 10 years. According to updated federal statistics, over 5,500 FLSA lawsuits were filed nationwide between March 2008 and March 2009, marking a 7.5% increase over the previous period, and representing the second-highest total on record.
I bring up these staggering statistics because the FLSA affects everyone. Unlike some of the other employment laws that only apply to employers with 15+ employees (Title VII, ADA), or 20+ employees (ADEA), or 50+ employees (FMLA), and so on, the FLSA applies to employers who have just one employee. Everyone!
It is imperative that employers take care to ensure they are in compliance with all parts of the FLSA. Review employee classifications closely -- make sure you are only exempting employees who truly fit into one of the exempt classifications. Check into your policies regarding on-the-clock and off-the-clock time, and make sure you are properly applying the rules on compensable time. Set up complaint procedures and investigation guidelines. Put a "Salary Basis Policy" in your employee handbook if you do not already have one.
While these actions are neither exhaustive nor a complete defense to liability, taking each and every proactive approach to limit liabiity is a wise move these days. Do it now, before your company becomes a statistic.
Could you share a "Salary Basis Policy" with us?
Sure will, Charlotte. If Hope does not already have a salary basis policy in its employee handbook I would definitely recommend incorporating one.
Future daughter in law working for an accounting office, has her bachlors and Masters, 40 hours per week. 40,000 per/yr
Started work in Aug 2010 Terminated March 2011
Did not have employees under her, was not in magmt, did not make any decisions on behalf of the company. Worked for a husband and wife only 1 other employee. I feel that she should be entitled for all of the Saturdays that she worked at leat 4-6 hours per Sat, as well as her mileage to pick up and drop off payroll. The owner also listed her on one paycheck as an independant contractor in order not to pay taxes, still owes her one week pay. I know Fl is an at will state, but is this person entitled to overtime pay as well as the milage, and weeks pay? She kept all of her information on her computer at work which they would not let her take with her.
Thank you