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Mandatory FLSA Recording Keeping for ALL employers!

FilesThe Fair Labor Standards Act (FLSA) is a federal law that many employers mistakenly (and sometimes not so mistakenly) violate. From the miscalculation of overtime payment, mis-classifying non-exempt employees, expecting employees to work off the clock, to improper record keeping, more and more employees are challenging employers in court and the Department of Labor is cracking down on violators.

Employers must keep certain records for each non-exempt (hourly) employee. The law requires this information be accurate on all current AND past employees.

Here is the Checklist the DOL uses to audit YOUR files!

1. Employee’s full name and social security number.

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Posted 4 months, 1 week ago at 5:39 pm.

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Feds to ramp up enforcement!

usdol_logoThe U.S. Department of Labor plans increased enforcement of small-to-medium sized businesses after the September 2009 release of a 72-page report documenting what some call “rampant” violations of wage-and-hour laws by employers.

Martha Neil of the ABA Journal writes,

It [US DOL] is hiring 250 additional investigators to pursue claimed widespread practices by numerous employers of not paying the required minimum wage, not paying required overtime, and not allowing workers to take required breaks.

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Posted 5 months ago at 5:51 pm.

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10 Things All Employers Must Post

Texas_Law_posterEmployers need to check their Human Resources bulletin boards to ensure the posting notices are current. All notices should be posted prominently where both applicants and employees can readily see them.

If your employees do not speak English, you may be required to post in their language.

1. Consolidated EEO poster that covers Title VII, ADEA, ADAA, EPA and Veterans. The poster is called “Equal Employment Opportunity is the Law”.

2. Employee Polygraph Protection Act (EPPA) notice.

3. Fair Labor Standards Act (FLSA) covers minimum wage, overtime, and child labor laws. (New minimum wage changed 7/24/09 to $7.25).

4. Family and Medical Leave Act (FMLA) notice only effecting employers with over 50 employees. This notice should also reflect new military and family leaves.

5. Uniform Services Employment and Reemployment Rights Act (USERRA) notice. The post is called “Your Rights Under USERRA”.

6. Occupational Safety and Health Act (OSHA) notice. The poster is called “Job Safety and Health–It’s the Law”

Posted 7 months ago at 5:11 pm.

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