SLF LABOR AND EMPLOYMENT ALERT May 2006

MINIMUM WAGE POSTING BILL

During the the recent legislative session, the Florida Legislature passed a bill requiring employers to display posters at worksites to provide employees notice about the State minimum wage requirements. The bill also requires that the Agency for Workforce Innovation make an updated poster available each year. If signed by the Governor, the bill will become effective January 1, 2007.

FLSA “SAFE HARBOR” PROVISIONS

In 2004, the United States Department of Labor (“DOL”) finalized and implemented new regulations regarding exemptions from overtime pay under the Fair Labor Standards Act (“FLSA”). The FLSA is a Federal law enacted in 1938 that requires, among other things, that a minimum wage be paid and that “non-exempt” employees receive overtime pay if they work over 40 hours in a week. Employees classified as “exempt” are not eligible for overtime pay. The new regulations are lengthy and have changed the landscape of how certain employees covered by the FLSA should be treated with respect to overtime pay.

Among the regulations promulgated by DOL is a “safe harbor” provision that, if adopted by employers pursuant to a written policy, can prevent headaches that often occur when an employee who is exempt from overtime is subject to improper deductions from their salary that result in the loss of an otherwise valid exemption. In light of these regulations, employers should also implement a clear policy requiring all non-exempt employees to record all working time and prohibiting “off-the-clock” work. As with all other employment policies, employers should keep a record that all employees have received the policies and an acknowledgement that they understand the policies. Many times, newly hired employees are provided a copy of all employment policies (usually contained in an employment handbook) and existing employees are provided with copies of newly implemented policies.

While many employers are aware of the substantive requirements of the new regulations, the safe harbor policy provision has often gone overlooked. Employers are encouraged to implement these policies in the workplace.

 

Labor Relations and
Employment Law
Robert J. Sniffen
rsniffen@sniffenlaw.com
211 East Call Street
Tallahassee, FL 32301
850.205.1996
850.205.3004 FAX