FLSA and COVID-19 Compensation During a Pandemic: Remote Work, Layoffs and Furloughs

Course Description:

The Fair Labor Standards Act (FLSA) was passed in 1938, and updated seldom since, the FLSA is a better fit for the operation of 1938 workplaces rather than 2020 workplaces. In 1938 policy makers never considered employees audio conferencing wearing a suit on top and pajamas below. Current crushing furloughs and layoff cause even more challenges to compensate employees accurately and fairly. After all, what employer needs a wage claim now?

New ways of working create challenges for employers to comply with the Fair Labor Standards Act (FLSA) for employees who are working. Even pre pandemic, almost every employer despite best intentions, violated the FLSA. But now, how can an employer know what to do because 1938 jobs never envisioned holding up meetings to feed the dog, tossing in laundry, making lunch for the kids, hours online hunting toilet paper. How can an employer know what was work and what was not? How can you be sure when so many are working remotely and no one, not even those still going to a worksite is working like normal?

Exacerbating the problem is that many supervisors crushed between budgets and employer policies often choose “personal and maximum interpretation” when choosing how to follow the law, and some choose to disregard it entirely; cutting such corners as discounting overtime and allowing employees to work “off the clock.” After all, out of sight is out of mind they reason. Or that working unpaid is a way to show loyalty during a recession. However, regardless of location or other reasons, the employer is still responsible for adhering to the FLSA record keeping requirements and paying employees accurately.


Why Should You Attend?

COVID-19 will eventually affect almost everyone’s livelihood. No employer needs a wage claim, bad PR or even union organizing activity now. Employees are scared and they don’t know if or when their workplace dollars will stop and understandably, they want what’s owed to them. So it’s even more important today that employers need to accurately compensate their employees.


Areas Covered in the Webinar:

  • Understanding the exempt vs non-exempt classification.
  • Problematic deductions for non-exempt employees.
  • Prohibited deductions of exempt employees.
  • The biggest payment mistakes for employees working remotely.
  • Compensating pre and post work safety routines.
  • Individualized interpretation of key terms can cause big problems.
  • Failing to pay for all time worked.
  • Paying for the new COVID-19 Leave –
  • Recognizing what is work, “off the clock” work, break times, training, docking pay, remotely working employees, supervisor’s interference and more.
  • Miscalculation of regular rates of pay and overtime.
  • Common FLSA mistakes
  • Tablets, smart phones and 24/7 expectations
  • Using 2020 technology without incurring 1938 liability.
  • 12 common furloughs and layoff mistakes.


Who Will Benefit:

  • Location Managers
  • Division Supervisors
  • Supervisors
  • Human Resources
  • Safety

Our Speaker

Teri Morning

Teri Morning, MBA, MS, specializes in solving company “people problems.” Teri is the founder and President of Hindsight Human Resources.www.hindsightcloud.com Teri also sources HR software solutions for incident tracking, employee relations, safety (Incident Tracker), compensation (Compease) and performance management (Performance Pro). Twenty+ years human resource and training experience in a variety of fields, including retail, distribution, architectural, engineering, consulting, manufacturing (union), public sector and both profit and non-profit companies. Teri has enjoyed consulting with employers on their problems and trained managers and employees for over 20 years, meeting and working with employees from all types of businesses. In addition to a MBA, Teri has a Master’s degree in Human Resource Development with a specialization in Conflict Management. Teri was certified by the State of Indiana in mediation skills, and Teri is currently certified in Project Management and IT Management and qualified as a Myers-Briggs practitioner. Teri has held the PHR, SPHR, SPHR-CA and SHRM-SCP certifications.

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