Vigilant Blog

A: Yes, if a nonexempt employee is required to obtain or retain a certificate as part of their job, and they need to study for a test in order to do so, then that time should be compensated. In fact, there are actually very few circumstances when employers don’t have to pay a nonexempt employee…

A: Not necessarily. Having a clear policy on time reporting is essential, and requiring employees to verify in writing the hours worked is a “best practice” that Vigilant recommends. But, if supervisors encourage employees to under-report their hours, or the employer has reason to know that the time records are not accurate, then the written…

A: No joke. Under the federal Fair Labor Standards Act (FLSA), the general principle is that a bonus essentially raises an employee’s regular rate (similar to an hourly shift differential). Unless a specific exception applies, wage and hour law dictates that you need to ensure that if any nonexempt employees worked overtime during the bonus…

A: No. Paying overtime for hours worked over 40 in a workweek is not optional, and neither employers nor the employees can waive their rights to receive overtime pay. Employment laws state that even if the employees insist on working extra hours at straight time pay, or sign a statement waiving their overtime rights, you…