In Craig v. Bridges Bros. Trucking, the 6th Circuit Court offered some clarity on, and maybe some relief to, employers on this issue.
Under the FLSA, it is the employee’s burden to show that he or she was working during non-working time.
Benefit payments made to employees that require the employee to perform work must be included in the regular rate for determining the rate of overtime.
Walk over to whichever file you keep your handbook, look for the date it was last updated, and if it is anything earlier than 2014, it’s time for a deep review.
As Garcia v. SAR Food of Ohio illustrates, if you fail to pay under these circumstances, you are taking a huge wage-and-hour risk.
The announcement is the first concrete details about these long-rumored rules, and could become a key part of President Obama’s legacy, which, unlike the Affordable Care Act, will be done without Congressional approval.
There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.