Does the FLSA apply in this scenario? Take our quiz, and check back for the discussion post.
Before forging ahead with summer hires, employers should carefully evaluate state law restrictions to determine whether they overlap and/or supplement the FLSA and, either way, how they apply depending on a multitude of factors that can go well-beyond just the minor’s age.
Hiring minors can be daunting in any state given the FLSA's child labor restrictions that vary depending on the individual's age, the work contemplated, and even the local public school's schedule.
USDOL's Payroll Audit Independent Determination (PAID) pilot program is meant to provide employers with the framework to proactively resolve potential FLSA claims. Nonetheless, on the whole, it seems that the benefits and risks are not particularly distinguishable from an investigation.
Technological advances in payroll practices might be desired by both employers and employees, but an employer should give careful consideration as to how it will address the variety of legal restrictions and administrative burdens these advances could implicate.
The wise response to reports about the continued onslaught of wage-hour claims is to review your compliance status immediately.