Easy Small Business HR

Menu
  • HOME
  • ARTICLES BY TOPIC
    • All Articles
      • Background Checks
      • Dealing with Difficult Employees
      • Diversity
      • Employee Benefits
      • Employee Performance
      • Employee Retention & Engagement
      • Employee Theft
      • Employee Turnover
      • Employment Law
      • Fair Labor Standards/FLSA
      • Family Medical Leave/FMLA
      • Firing/Disciplinary Actions
      • Managing Employees
      • Pay and Salary
      • Policies and Procedures
      • Recruitment, Interviewing, Hiring
      • Supervisor Tips and Strategies
      • Workplace Safety
    • Close
  • RESOURCES
  • PODCAST
  • ABOUT US

March 9, 2011 by Dianne Shaddock Leave a Comment

Work Hour Laws & Pay Issues FAQ, Part II

If you’re a small business owner or manager with questions about your obligations regarding Department of Labor laws, this guide will give you answers. From guidelines about job sharing policy to last paycheck laws, here is Part II of my frequently asked questions guide to work hours and other pay issues.

Are there travel time laws I need to be aware of?

Any time spent traveling during normal working hours is considered work time, which means employees must be compensated. While travel time generally doesn’t include commuting time, it does include, for example, time spent traveling to and from a client’s office.

How do I know if I’m required to provide hazard pay?

Working on improving employee engagement?

EPIC is an Employee Engagement software that gives you the tools and insights to create a workplace culture that encourages engagement, loyalty, and trust.

TRY IT RISK FREE HERE

Hazard pay is additional compensation for work involving physical hardship or for performing a hazardous duty. Physical hardship is defined as any work that causes extreme physical discomfort or distress that’s not relieved by protective devices.

The law doesn’t specifically require employers to provide hazard pay except as a part of “a federal employee’s regular rate of pay in computing employee’s overtime pay.

What is minimum wage for employees who get tips?

A “tipped” worker is anyone in an occupation that regularly receives more than $30 each month in tips. Department of Labor laws require employers to pay a minimum of $2.13 per hour in direct wages—provided that when the worker’s tips are added to the direct wage, it is at least equal to the federal minimum wage. If the employee’s wage plus tips doesn’t equal the federal minimum hourly wage, you are required to make up the difference.

Be aware that many states require higher minimum wages than the federal standard for tipped employees. So always check with your local jurisdiction to make sure you’re in compliance with federal and local laws. For a state-by-state breakdown of minimum wages for tipped employees, visit the Department of Labor’s tipped employee wage chart.

Is merit pay required?

Merit pay is any increase in pay based on criteria set by you, the employer. Often called pay-for-performance, it’s often determined by an employer review using a set of criteria the employer has already established. Merit pay reviews are typically conducted on a regular basis (for example, every 6 months or 1 year) and often include a meeting to discuss the worker’s performance.

Employers are not required to provide pay-for-performances increases, according to Department of Labor laws.

Are there Department of Labor laws dictating job share arrangements?

No. There is no flexible working hours law regarding job sharing, which involves two or more employees sharing the responsibilities of a single full-time job or two or more workers with unrelated assignments who are the same budget line. Flexible work arrangements are considered a matter between employer and employees.

Does an employee need to receive his or her final paycheck immediately?

Although federal law doesn’t dictate that a former employee needs to receive a last paycheck immediately, some states have final paycheck laws that require immediate payment. Check with your state labor department to find out if your state has different requirements than the Department of Labor.

Make sure your company is in compliance.

While there may not be a job share law, there are a number of other federal and local regulations regarding work hours and other pay issues, such as hazard pay or a final paycheck. From travel time laws to last paycheck laws, make sure you have the information you need to keep your business in compliance.

In case you missed it, be sure to check out Work Hour Laws & Pay Issues FAQ, Part I.

FREE Related Resources

Stay abreast of the latest legal challenges and issues that employers face with Legal Alert For Supervisors. Request your free newsletter

The following two tabs change content below.
  • Bio
  • Latest Posts
My Twitter profileMy Facebook profileMy Google+ profileMy LinkedIn profile

Dianne Shaddock

President and Founder at Easy Small Business HR
Get more tips on interviewing, hiring, managing and engaging your employees. Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the eGuides, "How To Supervise:  What Your Boss Never Told You Before You Took the Job", A Step-By-Step Guide For New and Seasoned Managers and "How To Find and Hire the Best Employees".
My Twitter profileMy Facebook profileMy Google+ profileMy LinkedIn profile

Latest posts by Dianne Shaddock (see all)

  • Build the Best Team for Your Small Business - November 12, 2019
  • Cross Training Staff – Doing the Right Thing For the Wrong Reasons - January 18, 2019
  • Proactive Employee Management Really Boils Down To The Basics - December 21, 2015
  • Office Meetings Do Not Have To Be A Productivity Time Drain If Done Right - November 17, 2015
  • Proposed Changes To Employee Rights Laws: WAGE Act Bill - November 3, 2015

Filed Under: Employment Law, Fair Labor Standards/FLSA, Managing Employees, Pay and Salary, Supervisor Tips and Strategies Tagged With: Department of Labor laws, final paycheck, final paycheck laws, flexible working hours law, hazard pay, job share arrangements, job share law, job sharing policy, travel time laws

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I accept the Privacy Policy

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Be Social, Let’s Connect!

Follow Us on FacebookFollow Us on Google+Follow Us on TwitterFollow Us on LinkedInFollow Us on YouTubeFollow Us on Reddit
Follow Us on FacebookFollow Us on Google+Follow Us on TwitterFollow Us on LinkedInFollow Us on YouTubeFollow Us on RedditFollow Us on iTunes

Recent Posts

  • Build the Best Team for Your Small Business
  • Cross Training Staff – Doing the Right Thing For the Wrong Reasons
  • Proactive Employee Management Really Boils Down To The Basics
  • Office Meetings Do Not Have To Be A Productivity Time Drain If Done Right
  • Proposed Changes To Employee Rights Laws: WAGE Act Bill

Recent Comments

  • Lucia on The Consequences for Supervisors Who Ignore Poor Employee Performance
  • Norma on 10 Helpful Tips When Dealing With Difficult Employees
  • Henry Killingsworth on Clearing Up Legal Misperception of Reference Checking
  • Nyangoma Rachel on Diversity in the Workplace: Benefits, Challenges and Solutions
  • Online Training on Workplace Negativity Is Contagious – Here’s How You Can Control an Outbreak
  • Kristofina Grace on Diversity in the Workplace: Benefits, Challenges and Solutions

Top 25 Online Influencers in Human Resources

HR Examiner Top 25

Copyright © 2025 · Executive Pro Theme on Genesis Framework · WordPress · Log in