The future of wage and hour compliance is a complex puzzle.
Lori Alexander and Paula Anthony, office managing shareholder and shareholder at Littler Mendelson PC, put together the pieces at CBIA’s 2023 Human Resources Conference.
“There have been a lot of changes all over the HR landscape, and in wage and hour, those changes have been changes in the law as well as changes in the workplace,” Anthony said.
“The purpose here is to help you spot issues, be proactive, and recognize potential minefields in the wage and hour arena.”
Exempt vs. Non-Exempt
The first topic was exempt employees—those exempt from minimum wage and overtime pay requirements—and how to avoid misclassification.
Anthony encouraged HR professionals to review the federal Fair Labor Standards Act and Connecticut’s wage and hour laws.
“FLSA is the floor,” Anthony said. “If there is state law that offers more protection or more benefit, that’s going to prevail.”
Anthony highlighted three common mistakes employers make in exempt employee classification:
- Always classifying a salaried employee as exempt
- Always classifying supervisors as exempt
- Making improper deductions from exempt employees’ paychecks
“The overall arching theme here is your job title and the way an employee is paid are not determinative of their classification,” Anthony said.
Remote Work
Alexander said hourly worker rules are the same for remote workers, “but they’re more complicated.”
“When you have remote workers, you don’t see them,” she...
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