The FLSA Knows What Mistakes Most Companies Make: Common Violation #2 and how to avoid it.

FLSA Compliance laws can get tricky.  The laws can be hard to understand, and misunderstanding the laws could cost your business money.  Understanding where you are failing to follow FLSA regulations gives you a chance to fix the violations.  This blog post is not meant as a substitute for legal council.  Always contact legal representation if you have any questions regarding FLSA compliance. Using a mobile resource management solution can make it easier.

Where do most companies go wrong?  The FLSA knows.  The following list was collected by the FLSA and is available for you to download from their site. Click here.   

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Common Violation #2

Short hours by using terms such as “Down Time” or “Rain Delay.”  

Problem:

When managing a large project the proverb “change is the only constant” is a very true statement.   Rain delays do happen, and tools break causing down time.  The problem lies in not documenting when, where and what happened.  Without this type of information, your business could be left defenseless if an employee feels that they have been unjustly shorted hours.  

Solution:

First, know the laws in your state.  Your state may require you to pay employees for a predetermined amount of time just for showing up to work.  If that is the case, you will need to adjust time records accordingly.  Second, make sure that you have adequate documentation for why an employee’s shift was shortened.  Third,  make sure that your employees know why their hours are being shortened for the shift and have proof that the situation was explained to them. 

Using a mobile resource management software can provide adequate documentation and store the information in case it is needed as proof in a future FLSA audit.   AboutTime’s software has a weather feature that automatically records the weather throughout the day.  This report is part of the daily report and is attached to the project.  Verifying that there actually was a rain delay is simple and takes only a few seconds.  

Communicating with field employees can be difficult but there are a couple of options that can make the process easier.  AboutTime’s Employee Feedback feature can ask any question on clock OUT.  If there is a delay of some sort, the question could be something along the lines of “do you understand why your shift was shortened today?” If the employee clicks yes then they have acknowledged that they understand. If they click no, the employee can be contacted to discuss the situation, resolving the issue before it becomes a lawsuit.  A second option would be to use the FormsXPress Feature and approval screen to fill out a form and have each employee sign the touch screen of their device upon clock out. 

Did you miss the last post?  Common Violation #1

For more information on AboutTime Mobile Resource Management Click HERE!