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Labor & Employment Law for In-House Counsel: Top 10 Wage & Hour Mistakes for Employers

In the recent In-House Connect webinar “Labor & Employment Law for In-House Counsel: Top 10 Wage & Hour Mistakes for Employers,” employment law experts Amanda Fugazy and Steven Nevolis of Ellenoff, Grossman & Shole shared invaluable insights on navigating the complex landscape of wage and hour laws.

The session highlighted common pitfalls and provided practical advice for employers.

Here are the five key takeaways from the webinar:

  1. Accurate Job Descriptions and Employee Classification: Maintaining up-to-date and accurate job descriptions is crucial for compliance with wage and hour laws. Misclassifying employees as exempt or non-exempt can lead to costly legal consequences. Employers must carefully assess the duties and responsibilities of each position to ensure proper classification.
  2. Independent Contractor Misclassification Risks: Misclassifying workers as independent contractors can result in significant legal implications. Employers should engage legal counsel and have a detailed written agreement defining the independent contractor relationship. Factors such as the nature and degree of control over the worker’s time and ability to work with other entities must be considered.
  3. Overtime Compensation and Unauthorized Overtime: Employers must compensate employees for all overtime hours worked, even if the overtime was unauthorized. Clear policies and effective time-keeping systems are essential to capture overtime accurately. Monetary compensation is required for overtime, and comp days or additional PTO should be used cautiously.
  4. Time-Keeping Systems and Challenges: Implementing robust time-keeping systems is critical for accurately tracking employee hours, including early punch-ins, missed lunches, and overtime. Employers should have a clear process for addressing time-keeping issues and consider the use of geo-tracking technology. Proper capture of hours worked is the employer’s responsibility.
  5. Complexities of Wage and Hour Laws: Navigating the intricacies of federal, state, and local wage and hour regulations can be challenging for employers. Misclassification of employees or independent contractors can lead to costly settlements and litigation. Engaging legal counsel and staying informed about the latest developments in wage and hour laws is essential for compliance.

 The webinar provided valuable insights into the complexities of wage and hour laws. By prioritizing accurate job descriptions, properly classifying workers, ensuring overtime compensation, implementing effective time-keeping systems, and staying informed about legal requirements, employers can mitigate risks and maintain compliance. Seeking the guidance of experienced legal professionals is crucial in navigating this intricate landscape.

Did you miss it? You can watch the recording via IHC On-Demand

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