The US Department of Labor announced on April 26, 2023, that they will host a webinar for home care workers, industry employers, and other stakeholders about workers’ rights under the Fair Labor Standards Act (FLSA). The webinar will be presented by the department’s Wage and Hour Division offices in the District of Columbia, Maryland, Virginia, and West Virginia, and will provide information on areas often associated with violations — including overtime, travel time, bonus pay, the misclassification of independent contractors, timekeeping — and other important topics, such as how to file a complaint.
Since 2021, the Wage and Hour Division has recovered more than $28.6 million in back wages and damages for nearly 25,000 workers and assessed nearly $1.3 million in civil money penalties.
According to Wage and Hour Regional Administrator Mark Watson in Philadelphia, “Investigations of the pay practices of care industry employers by the US Department of Labor’s Wage and Hour Division find violations about 80 percent of the time. Many employers are failing to pay their employees their rightfully earned wages, depriving their workers of wages on which they depend. We encourage employers and workers alike to join us for this webinar to understand their obligations and rights better.”
Attendance is free, but registration is required.
Compliance Perspective
Issue
The FLSA sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employment subject to its provisions. Unless exempt, covered employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked. Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. Misclassification of an employee’s status can lead to violations of the FLSA which can result in fines and other penalties.
Discussion Points
- Review your policies and procedures on fair wages, overtime pay eligibility, and recordkeeping. Update if needed.
- Train all staff with responsibility for determining fair wages, overtime pay eligibility, and recordkeeping so that they are knowledgeable about your policies and procedures to ensure they comply with federal and state requirements. Document that these trainings occurred, and file each signed document in the employee’s education file.
- Periodically audit to ensure compliance with minimum wage laws, and that overtime pay eligibility and recordkeeping are accurate and being reported correctly.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
