The Department of Labor recently announced its Wage and Hour Division is planning to add 100 investigators to its team.  As one of the nation’s most essential labor law enforcement agencies, this division is responsible for enforcement efforts such as;

• Investigating if employers are paying workers correctly and affording them their rights
• Reviewing worker misclassification as independent contractors
• Ensuring employers classify employees correctly as exempt or non-exempt for overtime
• Calculation of overtime correctly
• Supporting efforts to combat worker retaliation
• Promoting compliance through outreach and public education initiatives

Employers need to be knowledgeable about the Wage and Hour guidelines and areas that most often cause confusion include;  

• Mis-classifying non-exempt employees as exempt and not paying overtime
• Failure to include bonuses when calculating overtime rates
• Not keeping adequate records of employee’s time worked

The Wage and Hour Division works hard to educate employers and provides many resources.  A new digital resource for guidelines regarding youth employment, computing overtime, recordkeeping, as well as other timekeeping and wage topics.  The digital reference guide can be accessed at;  ​https://www.dol.gov/whd/regs/compliance/Digital_Reference_Guide_FLSA.pdf
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In the effort to find employees, small businesses must compete with larger employers, yet many small businesses may find it difficult. Current employees and candidates are requesting better pay and benefits. According to a survey from CBIZ Main Street Index, 27% of survey respondents are working on new compensation models and 18.5% of survey respondents are focused on enhancing benefits.

Offering competitive salaries is key to attracting and retaining employees.  Employers must keep current with compensation trends, so they don’t lag behind the competition. Knowing what competitors are offering is crucial, but also knowing the general marketplace wages.

Benefit offerings may include optional items such as dental and vision coverage, as well as pet insurance and identity theft coverage. Some employers have decided to absorb any increased costs instead of passing the increase to employees or reducing coverage.  Paid Time Off, flexible hours, remote working options and Employee Assistance Programs (EAPs) are also popular benefits. Steer away from one-size fits all benefits and offer a variety that appeal to all lifestyles.

For more information, go to; 
SMBs to Boost Benefits in Response to Worker Demands | National Association of Plan Advisors (napa-net.org)

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​Employers need to ensure that the most recent Employment Posters are posted in a location that employees can read them, as the fines have increased for 2022.  Also, unless all employees are remote, the Employment Posters must be posted at the workplace. For more information on the most recent Employment Posters, send a message to [email protected].