Published: New Hampshire Business Review, December 15, 2022
The start of a new year is the perfect time for New Hampshire employers to review their pay practices for compliance with state and federal wage and hour laws and regulations. The COVID-19 pandemic changed how many businesses utilize employees by embracing remote work and flex-time policies. Some employers even find themselves for the first time with a workforce outside of New Hampshire. With so many changes, an internal audit may help employers avoid liability before a complaint is filed by an employee or an investigation is commenced by a state or federal department of labor. Below are some common wage and hour mistakes made by New Hampshire employers.
Many employers hold this incorrect understanding of the law. The federal Fair Labor Standards Act ("FLSA") requires that all employees be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked in excess of forty hours in a workweek, unless the employee is "exempt" from overtime. To qualify for an exemption from overtime, usually the employee must perform executive, administrative, professional, computer or outside sales duties. The US Department of Labor has useful fact sheets describing these exemptions on its website. While it is correct that most exempt employees must be...
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