Wages and hours – a simple audit

August 20th, 2019

Jill S. Kirila, Shennan Harris


The following list of questions will provide a snapshot for you to use in determining whether or not you are complying with the wage and hour laws and regulations.  You should know the answer to every one of these questions.  Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why the answer is “No.”  The chapter reference is for the book Wages and Hours – An Employer's Guide, which can be ordered here, and provided for quick reference.

YES  NO    Chapter Reference

¨

¨ Does your company post the required federal and, if applicable, state minimum wage poster in a conspicuous place (employee bulletin board, break room, etc.)? Chapter 16, Posting Requirements

¨

¨ If an employee asks, are they able to receive a check instead of direct deposit in your state? Chapter 19, Payment of Wages

¨

¨ Do you examine the duties of your salaried employees and not just their titles or how they are paid in determining whether they are exempt? Chapter 6, White-Collar Exemptions

¨

¨ Do you round time to no more than the nearest five minutes or a 10th of an hour when calculating work time?

Chapter 11, Nonexempt Employees: Determining Work Time

¨

¨ Do you prohibit working “off the clock,” before and after clocking in or out and during lunch for nonexempt employees?

Chapter 4, Employees not Covered by the FLSA

Chapter 11, Nonexempt Employees: Determining Work Time

¨

¨ Are nonexempt employees compensated for “on-call” time? Chapter 11, Nonexempt Employees: Determining Work Time

¨

¨ Do you pay employees at least the federal required $7.25 per hour and $10.86 for overtime work (or the applicable state minimum wage)?

Chapter 8, Nonexempt Employees: Minimum Wage Requirements

Chapter 10, Nonexempt Employees: What Counts as "Wages"

¨

¨ Do you have a certificate from the U.S. Department of Labor (DOL) for any students, apprentices or learners, or disabled employees paid less than minimum wage? Chapter 8, Nonexempt Employees: Minimum Wage Requirements

¨

¨ Do you pay overtime for nonexempt employees when they work in excess of 40 hours in a workweek? Chapter 8, Nonexempt Employees: Minimum Wage Requirements

¨

¨ Do you compensate employees for required attendance at training sessions or work-related events?

Chapter 4, Workers not Covered by the FLSA

Chapter 11, Nonexempt Employees: Determining Work Time

¨

¨ Do you employ minors and if so, do they work only those hours permitted by law? Chapter 17, Employment of Minors

¨

¨ Do your male and female employees performing the same work receive the same rate of pay? Chapter 18, Equal Pay

¨

¨ Do you verify that your leased or temporary employees are paid in compliance with the wage and hour laws? Chapter 5, Leased or Temporary Employees

¨

¨ Do you try to ensure nonexempt, telecommuting or field employees are properly recording hours worked? Chapter 15,  Remote Workers and Telecommuting

¨

¨ Are your payroll records properly maintained, legible, current  and easily accessible? Chapter 13, FLSA Recordkeeping Requirements

¨

¨ Do you have a space (or can you create a temporary space) that is private and shielded from view for employees to express breast milk? Chapter 11, Nonexempt Employees: Determining Work Time