Employers are expected to face significant litigation over wage and hour issues because of the complex issues — and equally complex federal, state and local regulations — they must deal with — as they bring employees back to the workplace or firm up plans to have them remain working from home, experts say.
While the Fair Labor Standards Act essentially governs federal issues, state law is often even more stringent and presents a daunting challenge to multistate employers, these experts say.
Experts point out that employees paid less than $684 a week under federal law must be paid overtime.
Their status as nonexempt employees also may change if, as companies adjust their workforces through layoffs, they can no longer be said to be in a supervisory position.
Mitchell W. Quick, partner and practice group chairman, labor and employment relations, at Michael Best & Fredrich LLP in Milwaukee, said there will not be a problem if, for economic reasons, a worker’s salary is reduced for a period of time, but there “can’t be a flip-flopping from week to week.”
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