CAUTION! WATCH OUT FOR THESE WAGE-AND-HOUR PITFALLS
The U.S. Department of Labor has been cracking down on wage and hour infractions, and it may be time to review your overtime procedures and policies–it is all too easy to violate wage and hour regulations unwittingly.
Sometimes DOL complaints seem trivial. We lawyers have a saying–the “de minims” rule, which says “some things are too trivial to merit consideration.”
Dentists face new problems with overtime for their employees. The Fair Labor Standards Act[1] (FLSA) sets forth standards for both minimum wages and overtime pay as well as record keeping for businesses. Whether your dental practice consists of two employees or a hundred employees spread across three office locations, federal law requires that all dental offices comply with FLSA overtime regulations by December 1, 2016.
Exempt Versus Non-Exempt Employees
In order to determine if you are in compliance with FLSA regulations, the first step is to review which employees are designated as exempt, and not owed overtime wages, versus non-exempt. FLSA rules establish three types of exempt employees[2] which are defined by an individual’s employment description rather than their job title including:
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