• Self-audit guidance
• Analysis of pay plans
• Computation of back wages
• Advice and assistance when under investigation by the DOL Wage and Hour Division
• Second-opinion services
My focus areas are:
· Assisting in the resolution of overtime compensation computation quandaries when there are unusual pay plans, multiple pay rates, or supplemental compensation.
· Developing proper methods of record keeping and computation of overtime wages when a portion of the compensation is intended to offset employee expenses.
· Preventing minimum wage violations when employees provide equipment (job-related expenses sustained by workers equate to potentially illegal “deductions” from pay). For example, it is not unusual for delivery drivers (utilizing their own vehicles) to earn less than the minimum wage when vehicle expenses are considered. The DOL Wage and Hour Division applies a specific enforcement policy in this regard, and I can help a client achieve and document compliance.
· Providing guidance to retail establishment employers with regard to the proper application of the “retail commission employees” exemption.
· Working with clients to resolve transportation exemption concerns. The “motor carrier” overtime exemption is very complex, particularly in view of the “small vehicle exception.” Erroneously claiming this exemption results in significant back wage liabilities. Courier and package delivery businesses are especially affected and vulnerable.
· Review of worker classification (employee vs. “independent contractor”) in view of the broad definitions (in the FLSA) of “employ,” “employee,” and “employer.”
If you need in-person FLSA consultation or the services of a testifying expert, I can make a recommendation.
Information provided to me by clients or prospective clients is treated confidentially. However, as I am not an attorney, communications with clients are not protected by attorney-client privilege.