Laws you need to know, language you can understand
FLSA compliance? The entire first chapter is devoted to it. Timekeeping and payroll recordkeeping? That’s Chapter 2. Chapter 3 is all about expense reimbursements; Chapter 4 takes up garnishment laws and procedures. And the all-important Chapter 5 covers dozens of frequently asked questions relating to pay.
It’s factual, accurate and clear as crystal. No legal mumbo-jumbo, just concise explanations presented in the same language you speak every day: Plain English.
We don’t stop there, though. Those conflicts between and among rules? They’re explained, clarified, straightened out. Here’s where our co-authors shine. Anniken Davenport, Esq. and Alice Gilman, Esq. are both lawyers with deep roots in employment law, payroll and tax compliance, but also writers devoted to clarifying dense legal language and concepts. They are assisted by Nancy Delogu, Esq. of Littler Mendelson, the nation’s largest employment law firm, who contributes 21 pages of FAQ “special cases.”
And still more! Self-audits on dozens of topics … state law deadline tables … checklists to track records you must keep … a 10-item list of safeguards to prevent fraud … a garnishment withholding chart that tells what it’s legal to withhold in cases involving creditors … plus a garnishment Q&A … list of states and municipalities with paid and unpaid sick leave laws and ordinances … all organized for at-a-glance comprehension.
Sometimes there’s no substitute for the law itself. Chapter 6 brings together 64 DOL Fact Sheets on every subject from day labor to nursing mothers to special rules for specific industries – construction, food service/hospitality, retail, real estate, healthcare, many others. Each Fact Sheet is the original text, unedited and uncut.
You’ll find a thousand uses for Overtime, Compliance and Other Tricky Pay Issues. Keep it on your desktop, close at hand for instant reference to specific laws and interpretations of thorny questions … and as a learning tool for quick grounding in every pay-related matter you face.
Career insurance, just for you
What to do BEFORE the FLSA auditor comes.
Conduct your own audit. DOL’s auditors have plenty of latitude to inspect records and interview employees, so make sure you take steps to fix compliance problems before they show up, and be ready with backup documents when the auditor visits. We provide an eight-step checklist. Don’t overlook this one: Interview exempt employees to find out how much time they spend on duties typically done by hourly employees. If it exceeds 20% (in retail, 40%), consider reclassifying the employee as non-exempt.
Protect yourself against employees, part I.
Suppose you’re in court and the employee lies about the number of hours worked. Be sure you’re armed with written proof of the truth. Courts will take employees’ word if you can’t show records that dispute it.
Protect yourself against employees, part II.
One of the easiest ways for employees to steal is to falsify and/or inflate expenses. Patrolling such abuses takes strong controls, tough action against perpetrators and leadership by example. We list five common types of expenses that aren’t expenses, plus five expense types that dishonest employees tend to inflate.
Beware the T&E plan.
In recent years, unscrupulous operators have entered the marketplace pitching plans that purport to convert large chunks of taxable employee salaries to a tax-free business expense reimbursement. If one of these dudes drops by, call security pronto. These plans run afoul of tax law. IRS is on a mission to shut them down whenever it can.
Divorce and child support: You’re in the middle.
Like it or not, employers invariably get involved in messy family matters. There’s a four-step sequence to follow making sure dependent children get group health under the 1996 welfare reforms. There’s a procedure when an employee lacks enough disposable earnings to cover current support plus medical support. When a merger or acquisition occurs, you still must honor existing support withholding orders. Overtime, Compliance and Other Tricky Pay Issues devotes more than seven pages to untangling divorce and child support issues.