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Overtime Pay Issues and Avoiding Fair Labor Standards Act Litigation
The Fair Labor Standards Act (FLSA) is a federal law put in place in 1939 to protect the rights and well-being of American workers. While the act has changed since its inception 80 years ago, it still retains many of its original goals, such as the minimum wage, overtime pay requirements, record keeping, and child labor standards. The FLSA is an important part of the American workforce and protects the rights of most workers.
Are Employers Required to Pay Overtime?
According to the FLSA, if an employer permits or requires an employee to work overtime, that employer must pay the employee for those overtime hours. Overtime is defined as any hours worked after 40 hours in a single workweek. The FLSA also requires overtime pay be no less than the employee’s usual rate plus half.
For example, a retail worker normally makes $12 per hour. This week, they worked a total of 48 hours, meaning they have eight hours of overtime they must be compensated for. Their overtime rate would be $12 + $6, for a grand total of $18 for every hour worked over 40 hours in a week. This means the worker should receive a paycheck of $720, $576 for the first 40 hours worked, and $144 for the eight hours of overtime.
3 Ways to Keep Accurate Business Records
Everyone who owns a business, no matter how small or large, must diligently maintain their paperwork. It is important to keep track of items for tax purposes and much more. Decent record keeping can help you monitor the success of your business, keep track of your expenses and assets, and prepare financial statements.
While well-kept records can ensure your business remains healthy, bad record keeping can get you into trouble. Here are four ways you can make things easier for yourself and keep your records in good order:
1. Have a Good Accounting System in Place
Keeping good tax records is much easier when you implement a quality accounting system. If you want accurate tax records, you need proper accounting, and that all starts with the way your records are completed and organized. There is a plethora of accounting software out there that can make the process simple, but it may be a good idea to have an experienced accountant on the job instead.
New Illinois Law Requires Reimbursement for Employee Expenses
Illinois recently passed a law that will soon require businesses to reimburse their employees for any business-related expenses paid for out of pocket. As of now, only seven other states (California, New Hampshire, North Dakota, South Dakota, Montana, Massachusetts and Iowa) and the District of Columbia have similar laws in place. The law is an amendment to the Illinois Wage Payment and Collection Act (IWPCA) and goes into effect January 1, 2019.
Amendment Closes Loophole in Act
Prior to this amendment, there was nothing in the IWPCA that specified expense reimbursement. Because of this, some employers would not reimburse workers since it was not covered under the act, and employees would then sue the employer for violation of contract. The employee would often end up incurring more expenses like attorneys fees, which would not be reimbursed.Employers Must Reimburse “Necessary Expenditures”
How to Properly Classify Workers as Independent Contractors or Employees
It can be easy to misclassify a worker, especially when it comes to small businesses. There are a few different classifications that employees can fall under, such as employee or independent contractor, salaried or hourly and overtime exempt or non-exempt. Assigning the wrong status to a worker can bring costly consequences like liability for employment taxes, required payment of back wages, and other penalties. In order to avoid such trouble that will bring nothing but headaches, you should know exactly what constitutes certain designations and how to determine how you should classify a worker.
Independent Contractor vs. Employee
The first determination you should make is whether or not you technically have an independent contractor or an employee. The Internal Revenue Service (IRS) has developed a set of criteria to help employers make this designation. The IRS states that there are three areas where you should look to figure out if your worker is an employee or an independent contractor.
What are the Illinois Small Business Insurance Requirements?
Potential hazards and health risks are everywhere, even in industries that are seemingly safe. As a small business owner, you must protect your employees from dangers and unsafe environments. If an employee is injured, there are multiple insurance options available to them recover. Many new business owners have questions about which coverages are mandated by Illinois employment law.
Health Insurance Coverage
Employers pay hefty costs to offer health insurance, but is it necessary? Deductibles and premiums are higher than workers’ compensation insurance, but health insurance does cover a wide variety of injuries and illnesses, including those that did not occur at work.
Health insurance benefits are not required but can be an added perk to your employees. If you have a small business of fewer than ten employees, discuss the options with your employees. Some people would instead choose their own insurance rather than have the “cookie cutter” plan offered by group benefits, and they may be able to find a better price than is being provided by the group policy.
Protecting Your Business From Minimum Wage Violations
July 24, 2018 marked the ninth anniversary since the last time the federal minimum wage rate was increased, to $7.25 per hour. Federal laws explain that no state may set minimum wages at less than this amount, but they are welcome to offer more, which Illinois does. In 2010, Illinois raised the state minimum wage to $8.25 per hour. Although there is strong support for another increase, to date, the amount has remained the same. While it seems like it should be easy to pay an employee for the amount they work, there are many complexities to this process that can result in disputes between employers and employees. Common errors include the miscalculation of overtime pay, wage shortages, and violations of minimum wage requirements.
A Complex Math
What Small Business Owners Need to Know About Data Privacy Laws
The primary goal for most small business owners is to have a thriving business. Expanding a customer base is a crucial component of growing your business. Many companies accomplish this goal by gathering data about their patrons for future use. For instance, many companies collect email information to provide their customers with notices about upcoming events and sales. This method is useful in creating repeat customers and increases the probability of additional traffic. However, businesses must use caution with their clients’ information to avoid breaking federal laws surrounding data privacy and limit the possibility of commercial litigation.
Online Interaction
The majority of companies today use a website to serve the needs of their clients better. However, these websites often track every move each customer makes, storing this information in a database. Small businesses should be sure to follow the proper procedures to protect this customer data. Creating a valid privacy policy is an excellent way to begin. When creating one for your business, keep the verbiage simple and adhere to your promises. Once your plan is ready, make it visible for all customers to read before proceeding with your website.
Time Management Tips for Your Small Business that You May Not be Using
They say that “time is money,” and that is true in all aspects of life. No matter whether you are discussing your personal life or your business, saving time ultimately saves you money. Especially in a business aspect, proper time management enables you to get more work accomplished efficiently, which can earn your business more money and cut down on overhead costs while ensuring that you meet the requirements of the Fair Labor Standards Act (FLSA). Here are a few time management tips that will help you in both your business and your personal life:
Ditch the Smart Device
Unless your business operates directly on your smartphone, you should make it a habit to keep it out of reach, especially during business hours. Employee cell phone usage should be limited as well. Even the best worker has a hard time avoiding the temptation of checking their device at work. Remove the temptation by either requiring that cell phones be left in one’s vehicle or locker or kept turned off at work. Lead by example and follow the rule yourself to gain optimum efficiency.
A Record Keeping Checklist for Illinois Small Businesses
Owning a small business in the state of Illinois is both exciting and rewarding. Companies in Illinois have many advantages working in their favor, such as a large and diverse marketplace and a robust, skilled workforce. With these benefits comes the responsibility of maintaining a well-functioning workplace for your employees. An employer can build and sustain a better business by adopting proper record keeping practices. Without adequate data recording, vital information frequently becomes lost, resulting in errors that can impact the quality of the work environment and even result in citations and other penalties.
Why Are Records Important?
Record keeping is one of your most important duties as small business owner, regardless of what type of business you own. There are various methods for keeping track of necessary documents, ranging from file folders in a filing cabinet to an electronic or online system. You must compare all of your options and choose the one best suited for your needs.
Employers Should Understand the Illinois One Day of Rest in Seven Act
As an employer, it is your responsibility to provide a clean and hazard-free work environment for your employees. One method that has been proven effective in reducing workplace safety concerns is ensuring that workers are not overworked. Requiring employees to work an exorbitant amount of hours without ample rest increases stress, lowers morale, and creates an environment prone to mistakes and injuries. It is in the best interest of the employee, the client, and even yourself to abide by the Illinois One Day of Rest in Seven Act (ODRISA). Doing so can also help avoid any disputes related to overtime pay.
More Than Just a Rest Day
As the name of the act implies, within a seven-day workweek, there must be one full 24-hour rest day. The term “week” refers to seven consecutive 24-hour days beginning at 12:01 AM on Sunday morning and ending at midnight the following Saturday night. The rest day should coincide with the employee’s traditional day of chosen religious worship. The legislation also requires a mandatory unpaid 20-minute meal break for every seven and a half hour shift, which must be given within the first five hours of work. If your employee is a hotel room attendant in Cook County, they receive one 30-minute meal break for a seven-hour shift in addition to two 15-minute rest breaks.
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