Thursday, August 13, 2009

Furloughs in Academia and Wage and Hour Laws

One of the things that I have often wondered about is whether all these furloughs happening at public law schools have any wage and hour consequences.
Well, fear not. The Department of Labor has a handy furlough tip sheet to help employees and employers through these difficult recessionary times.  Nothing new here as far as wage and hour law, but still useful to have all in one place.

Here's a taste:

The following information is intended to answer some of the most frequently asked questions that have arisen when private and public employers require employees to take furloughs and to take other reductions in pay and / or hours worked as businesses and State and local governments adjust to economic challenges.

1. If an employer is having trouble meeting payroll, do they need to pay non-exempt employees on the
regular payday?

In general, an employer must pay covered non-exempt employees the full minimum wage and any statutory overtime due on the regularly scheduled pay day for the workweek in question. Failure to do so constitutes a violation of the FLSA. When the correct amount of overtime compensation cannot be determined until sometime after the regular pay period, however, the requirements of the FLSA will be satisfied if the employer pays the excess overtime compensation as soon after the regular pay period as is practicable.

Read the whole thing and know your rights (with a nod to The Clash) if you happen to be in this situation right now.


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