We can help final

TAKING CONTROL OF TAKING CONTROL OF YOUR DESTINYYOUR DESTINY

Staying One Step Ahead of The Staying One Step Ahead of The Department of LaborDepartment of Labor

Presented By:Presented By:

Jeffrey A. DaxeJeffrey A. Daxe

Moore Ingram Johnson & Steele, LLPMoore Ingram Johnson & Steele, LLP

The New Department Of Labor The New Department Of Labor Advertising CampaignAdvertising Campaign

We Can Help - PromoWe Can Help - Promo

We Can Help - AdvertisementWe Can Help - Advertisement

New DOL Smartphone App!!New DOL Smartphone App!!

May 9, 2011:May 9, 2011: The U.S. Department of Labor today announced the The U.S. Department of Labor today announced the

launch of its first launch of its first application for application for smartphonessmartphones, a , a timesheet to help employees independently track the timesheet to help employees independently track the hours they work and determine the wages they are hours they work and determine the wages they are owed. owed.

Available in English and Spanish, users conveniently can Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime track regular work hours, break time and any overtime hours for one or more employers. This new technology is hours for one or more employers. This new technology is significant because, instead of relying on their significant because, instead of relying on their employers’ records, workers now can keep their own employers’ records, workers now can keep their own records. This information could prove invaluable during a records. This information could prove invaluable during a Wage and Hour Division investigation when an employer Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.has failed to maintain accurate employment records.



Self-Audit in Four AreasSelf-Audit in Four Areas::

1.1. Should any independent contractors be employees?Should any independent contractors be employees?

2.2. Are all workers legally allowed to work in the United States?Are all workers legally allowed to work in the United States?

3.3. Are any non-exempt employees misclassified as exempt?Are any non-exempt employees misclassified as exempt?

4.4. Are all non-exempt employees receiving proper overtime pay?Are all non-exempt employees receiving proper overtime pay?

Should Any Independent Should Any Independent Contractors Be Employees?Contractors Be Employees?

Key test is the amount of control over the work-product Key test is the amount of control over the work-product generated.generated.

This factor affects:This factor affects:

1.1. Wages and BenefitsWages and Benefits

2.2. Federal TaxesFederal Taxes

3.3. State TaxesState Taxes

4.4. UnemploymentUnemployment

5.5. Workers’ CompensationWorkers’ Compensation

6.6. Record RetentionRecord Retention

Are All Workers Legally Allowed to Are All Workers Legally Allowed to Work in the United States?Work in the United States?

I-9 documentation.I-9 documentation.

Employers are not allowed to eVerify existing Employers are not allowed to eVerify existing workforce with proper I-9 documentationworkforce with proper I-9 documentation

Diary for term specific work visa.Diary for term specific work visa.

Are Any Non-Exempt Employees Are Any Non-Exempt Employees Misclassified As Exempt?Misclassified As Exempt?

Look at the employee’s duties, not the Look at the employee’s duties, not the employee’s job title.employee’s job title.

Is the worker earning enough money ($455 per Is the worker earning enough money ($455 per week) to be exempt?week) to be exempt?

Does the worker fit within the administrative, Does the worker fit within the administrative, professional, executive, or other narrow professional, executive, or other narrow exemption?exemption?

Are All Non-Exempt Employees Are All Non-Exempt Employees Receiving Proper Overtime Pay?Receiving Proper Overtime Pay?

No “comp” time outside of the workweek. No “comp” time outside of the workweek.

All income must be included in overtime rate.All income must be included in overtime rate.

Time and a half for all hours over 40.Time and a half for all hours over 40.

Employer Action ItemsEmployer Action Items

1.1. Fix recordkeeping and misclassification Fix recordkeeping and misclassification problems.problems.

Get rid of documents older than three yearsGet rid of documents older than three years Make catch-up payments going back two yearsMake catch-up payments going back two years Pay workers correctly going forwardPay workers correctly going forward

2.2. Ask lawyer to audit. Ask lawyer to audit.

3.3. Follow remedial steps suggested after lawyer’s Follow remedial steps suggested after lawyer’s audit.audit.



You are now ready for a Department of Labor You are now ready for a Department of Labor investigation, audit, or lawsuit.investigation, audit, or lawsuit.

Contact Jeffrey A. Daxe (Contact Jeffrey A. Daxe ([email protected]@mijs.com) to answer any ) to answer any questions about your own audit, performing an audit questions about your own audit, performing an audit after the employer audit, or to defend a Department of after the employer audit, or to defend a Department of Labor investigation or lawsuit.Labor investigation or lawsuit.



Questions & AnswersQuestions & Answers

Presented by:Presented by:

Jeffrey A. DaxeJeffrey A. Daxe

Business

We can help final