While the new Overtime Law is still in limbo – that is, it is still under an injunction and appeals have not been heard — it does not mean that you don’t have to comply with the FLSA. Don’t fall short so that you’re scrambling when the injunction is lifted. Continue doing employee evaluations, create new or updated job descriptions and review all job classifications to make sure they are correct. That means making sure that job descriptions are comprehensive and clearly reflect whether a person should be classified as either exempt (salaried) or non-exempt (hourly), and are paid accordingly. A few things that may help you organize your thoughts and your tasks:
- Know your staff members. Be familiar with their roles and duties, work hours and physical job requirements. Make sure these are included in your job descriptions, and have a written job description for each job in the company.
- Understand the difference between exempt and non-exempt and how this impacts pay, especially when it comes to overtime.
- Require time sheets for all non-exempt employees and keep careful records.
- Pay any and all overtime beyond 40 hours physically worked for non-exempt employees; make sure you have a policy regarding overtime.
- Train your managers on HR and Employment Law so they know what is expected.
- Be consistent with pay practices.
- Establish written policies that clearly explain how your company defines work hours. This should encompass hours open for business, employees who work on-site or telecommute, time and attendance, and leave policies. Once these are written and satisfactory to you and they meet all HR Law requirements, communicate the policies to your employees.
If these actions sound like daunting tasks that you aren’t compelled to do, either because there is no immediate deadline or because you just don’t have the knowledge or skill, contact us at HR Strategies. We can help make a painful process a little easier. We can’t change the requirements or the timeline, but we can make sure you’re ready, whatever the result.