We recently came across a good article listing the “top 5” mistakes that employers make under the recently revised Fair Labor Standards Act. Given the complexity of the statute, these may or may not actually be the top 5, but they are indisputably problem areas.
1. Believing salaried employees are automatically exempt from overtime. 2. Misclassifying assistant managers. 3. Automatic deductions for meal breaks. 4. Not paying for overtime that has not been approved in advance. 5. Allowing employees to “waive” their right to overtime.
To this list we would add a 6th. New Jersey, like some other states, has its own version of the FLSA. It imposes some additional obligations upon employers. Both the federal and state laws must be complied with!