Employee-initiated Wage and Hour claims are on the rise in the U.S. In the past year the number of claims for wages has increased by 700 and over the past 10 years the number of cases has grown by 126 percent.
The U.S. Department of Labor Wage and Hour Division enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act (FLSA). WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes.
There are three major categories of investigations falling under the FLSA that have been increasing:
- Employees classified as exempt who believe they should be entitled to overtime pay.
- Non-exempt or “hourly” workers who believe they are not being paid for all of the hours they worked.
- Restaurant and hospitality workers who receive tips and feel that they are not making the state or federal minimum wage when their tip income is factored in.
Do you have questions about business practices relating to exempt employee status? BCN Services can help you determine whether or not an employee should be classified as exempt as well as what time is compensable to employees. If you have questions, please contact us at 1-800-891-9911 or click here to be directed to our contact us page.
Alicia Jester, Manager-Benefits and Payroll