Wage and hour lawsuits are one of the fastest growing types of employee lawsuits. Indeed, in 2003, the number of class actions brought under the federal wage and hour law, the Fair Labor Standards Act, exceeded the number of class actions under all other federal statutes combined.The judgments and settlements in wage and hour lawsuits have been massive, with several totaling over $10 million.

To avoid wage and hour lawsuits, an employer must ensure that it properly classifies each employee as exempt (not entitled to overtime pay) or non-exempt (entitled to overtime pay.) The employer also should train each supervisor and manager on their responsibilities for complying with the complex and often confusing aspects of wage and hour laws.

• Supervisors
• Managers
• Human resource professionals

This course provides an overview of the federal Fair Labor Standards Act and teaches supervisors and managers their specific responsibilities for complying with wage and hour laws.

1. Supervisors' Responsibilities
   • Knowing which employees are classified as exempt (not entitled to overtime) and which employees are classified as non-exempt (entitled to overtime).
   • Understanding which activities of non-exempt employees are paid and properly recording those activities.
   • Avoiding job changes and disciplinary actions that jeopardize the exempt status of an employee.
   • Ensuring that employees' work hours are properly recorded and that the documentation is maintained.
     


2. Non-Exempt Employees
   • Under what circumstances must non-exempt employees be paid for the following?
     • Volunteer time
     • Work from home
     • Work done over lunch
     • Rest and meal breaks
     • Time spent preparing to start the day
     • On-call time
     • Training time
     • Travel for work
     • Commuting time
     • Time when employee specifically ordered not to work
   • Can non-exempt employees be provided with compensatory time in lieu of overtime pay?
     


3. Exempt Employees
   • Are all salaried employees exempt and therefore not entitled to overtime?
   • Under what circumstances can you dock an exempt employee's pay?
   • Can you dock an exempt employee's pay if he or she shows up to work late?
   • Can changing an exempt employee's job status or duties lose the exempt status?
     


4. Other Issues
   • What must I report relating to wage and hour issues?
   • What if I discover that a mistake has been made in someone's pay?
   • How can I avoid retaliation claims?

The best way to learn is by doing. In this course, you will play the role of a supervisor who is faced with several scenarios involving exempt and non-exempt employees. In the scenario described below, an employee you supervise speaks with you about a wage and hour issue. How will you respond?

Sample Scenario from Course

Employee
Sarah Franklin, Project Coordinator, non-exempt employee

Situation
Sarah says, "Things have been really chaotic in the office this week as our team has tried to finish up our project. My boss was so far behind at the beginning of the week that I typed documents for her on Monday night. She had told me that day not to work from home, but I wanted to help her out. I told her she didn't need to pay me overtime for it. I just wanted to be a team player. On Tuesday, our team met over lunch to discuss the project. On Wednesday, I ate lunch at my desk and occasionally answered the phone since our receptionist was out of the office. Finally, things slowed down on Thursday so my boss was able to give me a 15-minute break in the morning and in the afternoon."

Question
For which of the following is the employer legally required to pay the employee?

1. 2 hours that she spent typing documents on Monday night against her supervisor's orders
2. 1 hour for lunch on Tuesday when she met with the project team
3. 1 hour for lunch at her desk on Wednesday where she occasionally answered the phone
4. 15 minutes for break given on Thursday morning
5. All of the above
6. None of the above

(The correct answer is "5.")

The course can easily be customized to include an audio-visual message from an official in your organization and instruction on your organization's specific policies relating to wage and hour issues.

After completing the course, users may return to the course at any time to review the material learned. In addition, users are able to view and print out the following resources:

1. Checklist on Wage and Hour Issues. This document summarizes the main principles learned in the course.
2. Wage and Hour e-Consultant. When faced with a wage and hour issue in the course or in real life, learners can use this interactive, step-by-step tool to determine what they should and should not do.

To view or print a flyer describing the content, features, and benefits of Global Compliance's online course, Avoiding Wage and Hour Violations, click on the image below.(PDF)