E-Law Alert - Top 10 FLSA Myths and Facts

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Overtime: Wage and Hour Quarterly:

August, 2008

Top 10 FLSA Myths and Facts:

	MYTH	FACT
1.	If you pay an otherwise non-exempt employee by salary (rather than “per hour”), that means they are automatically exempt and you don’t have to pay overtime.	Click Here

2.	If you enter into an agreement to classify an otherwise non-exempt worker as an “Independent Contractor” and provide a Form 1099, that means you don’t have to pay overtime.	Click Here

3.	If a non-exempt employee works more than 40 hours in a given work week, you can avoid having to pay overtime simply by giving the employee “comp time” the following week for the same number of hours worked over 40.	Click Here

4.	If a non-exempt employee volunteers to work “off the clock” by coming in early, working through lunch, taking work home at night or on the weekends, etc., then so long as it’s voluntary, you don’t have to pay overtime.	Click Here

5.	So long as you prepare a job description that indicates an employee “supervises” other employees, you can avoid having to pay overtime.
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6.	If an employer imposes a rule providing that employees can’t work overtime unless prior written authorization is provided, there is no obligation to pay overtime.	Click Here

7.	If an employee is assigned duties that would qualify the employee as being exempt, and if the employee is at fault for failing to perform those duties, the employer does not have to pay overtime.	Click Here

8.	If a non-exempt employee chooses to eat lunch at her/his desk and ends up answering the phone a few times or answering some questions, she/he does not need to be paid for this time.	Click Here

9.	If an employee submits incomplete time records, or fails to punch in and out, the employer can have no liability for overtime.	Click Here

10.	An employer is allowed to deduct amounts owed to the company from an employee’s final pay check no matter what.	Click Here

The opinions expressed in this e-zine are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.