FLSA, ADAA, and ARRA, Oh My!: Staying in Compliance

People are an organization’s greatest asset.

Sage is a firm believer in this notion, so Sage Summit 2009 featured a special learning track devoted entirely to human resources (HR) and payroll issues. The SMB Employer’s Agenda consisted of seven information-packed sessions covering recruiting and retention, benefits, compliance, payroll and tax, and technology. Two highly experienced employment attorneys delivered the compliance sessions.

Paul DeCamp, partner with Jackson Lewis LLP, presented on “Wage & Hour Compliance in Today’s Economy.” He says the U.S. Department of Labor estimates that 80 percent of employers are not in compliance with Fair Labor Standards Act (FLSA) regulations, and that acting ethically does not ensure compliance. Furthermore, DeCamp says, “Potential legislative and regulatory changes may make it even more challenging to be an employer.”

He offered this advice to Sage Summit attendees.

  • Tackle wage and hour concerns aggressively;
  • Know your policies, practices, and systems;
  • Watch out for incentives that can lead to off-the-clock work;
  • Be strategic about documents; and
  • Train everyone regularly.

Audrey Mross, partner at Munck Carter, and leader of the firm’s Labor and Employment section, talked about the “Top Workplace Legal Risks of the 21st Century.” She presented an excellent overview of recently passed and proposed federal laws, as well as some key state and local laws. She left attendees with a final to-do list:

  • Stay on top of current law and changes;
  • Take a fresh look at all policies, procedures and forms;
  • Evaluate job descriptions and compensation information;
  • Scrutinize employee vs. contractor designations;
  • Review HR processes administration;
  • Properly secure data; and
  • Don’t forget to breathe – there’s more to come.

Check back soon for key takeaways from some of the other SMB Employer’s Agenda sessions.


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