Compensation and FLSA

Compensation and FLSA

Compensation to employees is not as simple as you might think. Improper payment and other violations and constantly flagged by U.S. Wage and Hour Division such as minimum wage, recordkeeping requirements, youth employment, overtime, determination of employee status.

On top of that, cities, counties, states may have different minimum wages and compensation laws.



How do you know whether to go by state or federal regulations?
If both federal and state minimum wage regulations apply to an employee, the higher wage prevails

If a person works 40 hours and 5 minutes, am I required to pay overtime for the 5 minutes?
It depends on your payroll system. If your payroll system records precise minutes or you round up to 15 minutes, then you would need to pay overtime. Whatever the smallest increment of time determines the overtime payment that may be needed.

Do we have to reimburse mileage for personal vehicle use for a business trip?
Under federal law, employers are not required to pay employees’ expenses when employees use personal vehicles for business purposes. It varies by state. Overall, employers must ensure employees don’t incur expenses that push their pay below minimum wage. The annually-adjusted IRS mileage rate is the maximum rate that employers can use for tax-free reimbursement. Depending on the state, employers can reimburse above or below this rate or not at all. If the rate is higher than the IRS’s, it will be counted as taxable income for the employee. 

How are mandatory lunch meetings counted for hourly employees? Do the employees still get a lunch break even though they were given food?
Under the FLSA employers are not required to provide meal periods.

Can an hourly, nonexempt employee round their time to the nearest quarter hour? because to keep hours exact by the minute is difficult to deal with
Yes, rounding time up or down to the nearest 0.25-hour increment is permissible under the FLSA.

Can we deduct the cost of the professional license from our employee's paycheck if they can take the license with them if they quit?
It depends on your state. Some states, employers may only make a deduction from an employee’s pay if it is required by state or federal law or court ordered. In addition, you may need the employee’s written consent to authorize the deduction.