It's that time of year again. It's a new year. This is a time to look back and reflect. It is also a time to take stock and look ahead with a fresh perspective.
Huh? What's that? Do you hear what I hear? The knocking you hear may be the heating system or a shifting ice jam on the roof, but it may also be the Department of Labor at the door. Got your attention? Good. No, wait! Step away from the door and put the letter opener down! Help is on the way.
With the assistance of the New Hampshire Department of Labor's (DOL) Wage and Hour Division we have, again this year, compiled a list of the most common wage and hour offenses during the last year. We think it is helpful to know what DOL is looking for and what they are finding out there. Let's take a look at the list and, if you don't already know, you can check to determine if you've been naughty or nice . . ..
Note: If you have more than a few items on this list, and if you don't correct them before DOL shows up, you might want to consider a few things on your new year's resolution list such as:
- An unlisted phone number.
- An alias.
- A gift certificate to meet with a career counselor.
- A copy of the latest Dilbert book "Dogbert's Guide to Corporate Ethics and Prison Etiquette".
Best wishes for a happy, healthy, prosperous and, as far as these matters are concerned, a quiet and peaceful New Year.
Jim
2003 Top Ten List of Wage and Hour Violations in New Hampshire
10. "Hey, he said he was short for his age. How did I know he was only 13? Okay, where did he park the forklift?"
Employers permitting teens to work too many hours and in hazardous occupations.
9. "Time cards? Let's see, we have birthday cards, Get Well (and get back to work) cards, ID cards . . . . . . Nope, no time cards. Why do you ask?"
Failure to keep an accurate record of all hours worked.
8. "You just may be a winner? You were just overpaid by $8,000 this week! Woo hoo!" Wait until you see next week's pay stub!
Employers deducting from wages after overpayment.
7. "If we don't take it now, they are just going to spend it."
Employers making deductions without proper authorization.
6. "She's not my employee, she just works for me. That's her office over there. Go ask her yourself."
Misclassifying employees as independent contractors.
5. "So, even if it isn't written, let it be done. You will be paid and you will get benefits . . . . . . etcetera, etcetera . . .".
No written notification to new employees regarding pay rate, pay date, fringe benefits, etc.
4. "Hey, how do I know little elves didn't make those shoes last night? I paid him for his shift. What more does he want?"
Not paying employees for time worked.
3. "I have just 3 words for you that describe what happened to that paycheck: Boing, Boing, Boing!"
Bouncing checks: Failure to provide for sufficient funds in payroll account.
2. "We are one big family here. I said ‘big' NOT ‘happy' family."
Child support deductions not sent into Health and Human Services.
AND THIS YEAR'S BIG WINNER . . .
1. "We have a unique ‘self-Insured' benefits plan. We deduct the premium but then you are on your own. Cool, huh? Remember, let's be careful out there!"
Insurance premium deducted but no coverage provided.
That's it. That's the list. How did you do? Remember: It's better to audit check your compliance with state and federal wage laws before claims are filed or DOL inspectors appear. We are happy to assist you with an audit of this type and if necessary suggest how you correct policies or practices that are not in compliance.
Happy New Year!
Jim Reidy
This article is intended to serve as a summary of the issues outlined herein. While it may include some general guidance, it is not intended as, nor is it a substitute for, legal advice. Your receipt of Good Company or any of its individual articles does not create an attorney-client relationship between you and Sheehan Phinney Bass + Green or the Sheehan Phinney Capitol Group. The opinions expressed in Good Company are those of the authors of the specific articles.
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