Do we need to pay our remote employees for a full day if they lose internet access for a few hours?

It depends on their status under the Fair Labor Standard Act (FLSA). Your exempt employees need to be paid their full salary for the day if they did any work before or after the outage (or both). Your nonexempt employees only need to be paid for time worked. So, if...

We’re planning to close the office a few days a week to save money. Do salaried exempt employees still get their full pay during these furloughs?

Yes, salaried exempt employees must be paid their full weekly salary if they do any work during your designated seven-day workweek, including tasks as quick as checking work email or voicemail. As your goal is to save money, be sure the furlough covers the full...

Federal Law Alert: DOL Increases Exempt Employee Minimum Salaries

On April 26, 2024, the U.S. Department of Labor (DOL) published the much-anticipated final rule that will increase the minimum salary for many exempt employees. The increase will take effect in two steps. If you’d like to review the regulations yourself, they are...

Are we required to pay summer interns?

Answer from Kyle, PHR: It depends on whether the worker is considered an employee. The U.S. Department of Labor (DOL) has adopted the primary beneficiary test to determine whether a worker is an employee or an intern. If the worker primarily benefits from the...

Can an employee waive overtime pay with a signed letter?

Answer from Kim, SPHR, AAM, CPIW: No. An employee can’t waive their right to overtime pay, even if they want to. The federal Fair Labor Standards Act (FLSA) prohibits the waiver of an employee’s rights to overtime pay (and minimum wage) in nearly all...

An employee let us know their paycheck was short. Can we wait to pay the difference on their next check?

Answer from Kyle, PHR: Don’t wait. If the employee was underpaid, it is in your best interest to pay the employee the difference immediately. Wages are due on the regular payday for the pay period covered, as required by the Fair Labor Standards Act. State law may...