Between 2003 and 2013, the number of federal claims brought by employees under the Fair Labor Standards Act rose from 4,055 to 7,764. Issues that commonly arise in relation to wages include whether

• Employees are properly classified as exempt,
• Independent contractors have been misclassified,
• Non-exempt employees are accurately reporting all hours worked, and
• Employers are properly calculating non-exempt employees' regular rate of pay for overtime purposes

Employers also face issues related to whether their payment practices conform to Hawaii's Payment of Wages law. Because of the volume of wage and hour issues that can arise, employers benefit from a periodic review of their wage and hour practices to ensure legal compliance. To aid in this effort, HEC has six checklists for analyzing the exempt status of positions within your organization, as well as a number of other research reports related to the foregoing wage and hour issues. As always, HEC is here to answer any questions you may have on this or any other labor or HR issue.

 

Resource Links

FLSA Job Analysis

• Administrative Exemption
• Executive Exemption
• Outside Sales Exemption
• Creative Professional...
• Computer Exemption
• Learned Professional Exemption
• HEC HR Practices Review: FLSA and Wage & Hour
• A Comparison of White-Collar Exemption Tests...
• Payment of Wages and Wage & Hour Laws FAQ
• Hours Worked Under FLSA
• Premium Pay for Non-Exempts & Calculation of Regular Rate
• Conditions ... Additional Half-Time Pay for OT Required...
• Factors ... Employee/Independent Contractor Status...