Wage and Hour Claims Toolkit
Resources to help employers reduce the risk of wage and hour claims and defend wage and hour class and collective actions. This Toolkit includes resources to help employers comply with wage and hour obligations under the federal Fair Labor Standards Act (FLSA) and state law.
Federal and state wage and hour laws govern minimum wage ( www.practicallaw.com/9-506-9527) , overtime pay ( www.practicallaw.com/2-507-1821) , recordkeeping, and child labor standards. Those standards address a variety of workplace issues, including:
Classification of individuals as employees, independent contractors ( www.practicallaw.com/6-502-8864) , volunteers, and interns ( www.practicallaw.com/8-521-1357) .
Minimum wage and overtime pay requirements.
Calculation of overtime hours, such as how to apply the fluctuating workweek method ( www.practicallaw.com/3-516-8728) .
Calculation of an employee's regular rate of pay ( www.practicallaw.com/2-616-2245) and overtime compensation.
Tip pooling and tip credits.
Premium pay for holidays and weekends.
Evaluation of compensable working time ( www.practicallaw.com/3-517-3942) issues, such as donning and doffing ( www.practicallaw.com/7-506-9774) .
Compensation for travel and training time.
Meal ( www.practicallaw.com/7-511-5549) and break periods.
Payroll practices, such as when and how to pay wages.
Wage and hour posting and notice requirements.
Child labor regulations.
Wage and hour provisions in collective bargaining agreements ( www.practicallaw.com/4-504-1300) (CBAs).
The Fair Labor Standards Act ( www.practicallaw.com/5-501-9884) (FLSA) is the primary federal law providing wage and hour protections to covered employees. The FLSA applies to almost all employers and is enforced by the Department of Labor's ( www.practicallaw.com/2-501-6354) (DOL) Wage and Hour Division (WHD). Most states also have a department of labor (or equivalent) and an agency responsible for enforcing the state's wage and hour laws. Employers must consider federal, state, and sometimes local law for wage and hour compliance.
Employers that do not comply with applicable wage and hour laws face potentially significant legal and financial liability. Wage and hour claims are some of the most costly employers can face because, for example, federal and many state laws provide for collective or class actions ( www.practicallaw.com/0-502-4581) on behalf of multiple plaintiffs, liquidated or other exemplary damages, and attorney's fees.
Employers can reduce the risk of legal and financial exposure by auditing their practices to ensure they comply with the core requirements of state and federal wage and hour law, such as:
Payment of minimum wage and overtime, including understanding:
what time is compensable; and
how to properly calculate overtime pay.
Proper classification of employees as:
exempt or nonexempt;
independent contractors; or
interns, trainees, or volunteers.
Restrictions on the use of child labor.
The Wage and Hour Claims Toolkit provides a number of resources to help employers reduce the risk of wage and hour claims and defend wage and hour class and collective actions.
Questionnaire To Determine Independent Contractor Status Under the FLSA
New Jersey-specific materials:
New York-specific materials: