DOL December Overtime Law! …2

 To empower others, you must take their measurements regularly…

2016-09-03 14.31.09

Post 2: Back in the conference room, after making a short list of brainstorming topics during lunch, Josh and Sharon outlined a few compensation questions they wanted to ask their legal expert.

“Do you think we can ask about the penalty for not paying overtime for time worked over 40 hours in one week?” Josh asked, “I hear it is about $10,000 plus back wages!”

“I think it’s valid for employees to ask that question, so we should learn all we can,” Sharon continued making notes on their list:

  • Can time be averaged over an 80 hour pay period if we have 2-week pay periods?
  • Can we give comp-time? What’s the legal description and practice regarding comp-time?
  • Can we flex schedules as long as the total time stays within 40 hours?
  • Do people with the same title have to have the same base hourly wage or the same FLSA designation?
    • How do we take tenure & an individual’s past performance increases into consideration when converting from salaried to hourly compensation?
  • What’s the effect of bonuses & paid time off: could we give days off as rewards, instead of wages, for working more hours at spike times?
  • What counts as overtime? Emailing from home on the couch? Laying on the beach planning/creating?

“Wait,” Sharon looked at her phone, “your legal friend just responded to my text; he can meet us Friday but not tomorrow.  At least he is willing to help.”

Josh looked up after reading over their list of questions, “I don’t feel confident that we have everything yet.  Should we run this list by the folks in the executive meeting this week?”

“Good idea;” she thought aloud as she looked back at her napkin and their four targeted topics, “we might also start that list of exempt compensation data and ask that team to add their ideas.”

“Smart.  I’ve got to get to a meeting…;” Josh quickly gathered up their lunch trash, “can we meet about nine tomorrow and combine what we’ve come up with as data to be researched about our current exempt population?  That way we can prime the pump with those ideas in the meeting.”

“I can make 9:00, and I’ll see if we can get at least 20 minutes on that agenda,” Sharon noted her commitments as he hurried out.

Reality: “Obtaining the perspective of others” is one of the first efforts of truly “SEEING IT” as we step Above-the-line [The OZ Principle] and seek to take personal accountability for our best outcomes.

FOLLOW US & don’t miss the next PEPPERBOX blog:  Gathering data on current compensation structures and work habits can be a complex puzzle and a challenge to build accurately.

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