HR Management & Compliance

Battening Down the Hatches to Avoid FLSA Overtime Excesses

The arrival of summer is also a harbinger of weather-related emergencies for many communities. For example, the Atlantic hurricane season kicks off at the beginning of June and barrels toward a peak in late summer and early fall. But with such storms comes the potential for unplanned overtime for police officers, firefighters, ambulance drivers, emergency services workers and other employees who deal with the aftermath of weather-related disasters.

Therefore, to avoid blowing past their budget limits this summer, smart states, local governments and public agencies should plan ahead and make sure they are up to speed on the Fair Labor Standards Act rules that could apply to affected workers.

The National Oceanic and Atmospheric Administration predicts that 2012 will have a “near-normal hurricane season” over the next six months. But even in a “normal” hurricane season a 70-percent chance exists that there will be nine to 15 named storms, the agency said. Named storms are characterized by top winds of 39 miles per hour or more. Of those named storms, NOAA said one to three of those will become major hurricanes with top wind speeds of 111 mph or more.

The potential damage and safety issues that can occur in a storm’s wake can tax local safety and emergency workers, as their hours on the job increase and demands on their time and expertise spike.

And it’s not only police officers and firemen who could face wage and hour challenges during storm season. Recently, the U.S. Department of Labor put private-sector employers in the construction industry on notice  to make sure they are in compliance with federal wage and hour laws when they hire workers to rebuild in the wake of tornados.

The agency launched an initiative in the Dallas/Fort Worth area focused on outreach and compliance assistance for industries such as roofing and residential construction where large numbers of low wage workers are employed. City officials in the area gave DOL’s Wage and Hour Division a list of contractors and employers that had permits to assist in rebuilding efforts, the agency said.

More information about avoiding wage and hour challenges related to unforeseen overtime this summer is available from Thompson Publishing Group’s wage and hour library.

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