You’ll find questions and answers for all phases of employment, from hiring, compensation, payroll, operations, and termination.
No. If the information came from a third party/consumer reporting agency, you must follow adverse action rules set by the Fair Credit Reporting Act.
The following forms MUST be filled out for each new hire:
They must be displayed in a common employee area, such as the break room.
Download the most recent posters at complianceposter.com.
After 3 business days from hire they MUST be suspended from payroll until the requirement is satisfied.
It varies – Reference the Employee File & Records Retention Guide provided separately.
The FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Federal overtime is 1 and 1.5 times the rate of pay and must be paid to all Non-Exempt associates. It’s paid to those who physically work more than 40 hours in a standard seven-day period.
State and overtime rules may vary.
Overtime must be paid to Non-Exempt employees who are eligible and normally paid by the hour. Exempt employees are paid to get the job done, not by hours worked, and are therefore not required to pay overtime. Job duties (not how someone is paid) qualifies a position Exempt (ineligible for overtime). Paying a salary does not automatically mean no overtime! Be prepared to prove how a position qualifies to be Exempt in your Job Description. Pay attention to record keeping requirements!
Yes. You can counsel them for a policy violation, but you must pay.
No. That is a potential violation of the National Labor Relations Act.
There are two answers:
Generally, not without written voluntary authorization and other restrictions apply.
An employee must be given ADVANCE notice; at least prior to the start of the next pay period.
No. See the Polygraph Protection Act on your Employment Law Posters.
Not for employees who are over the age of 18. Reference Child Labor above. Typically, any break or meal period lasting 30 minutes or more can be unpaid.
Any business with 3 or more employees, including an owner not a payroll, must secure Worker’s Compensation Insurance. The Worker’s Compensation carrier should provide assistance with OSHA requirements. OSHA Form 300 (log of injuries) must be posted from February 1 to April 30 of each year.
No. That is a collections matter or small claims court issue. You must pay a terminated employee by the next scheduled pay date. State laws vary.
Not unless you have specific, voluntary written authorization to do so.
Only if they were notified BEFORE they worked those hours that their pay rate has been changed.