Issue link: http://palletcentral.uberflip.com/i/1482881
While misclassification is the most common error in wage and hour law, employers can also be penalized for allowing work time to go unrecorded. 28 PalletCentral • September-October 2022 palletcentral.com salaried,'" says Bob McKenzie, President of McKenzieHR. "at's not allowable unless the individual really qualifies for exemption." e lesson is clear: Employers should assume non-exemption when classification is ambiguous. "e consequences can be costly for an employer who does not have sufficient records to refute an employee's wage and hour claims before an administrative agency or court," says Heerde. Off the Clock While misclassification is the most common error in wage and hour law, employers can also be penalized for allowing work time to go unrecorded. "Employees often fail to report off-the-clock hours," says Witte. "Maybe they work through their lunch hour, or they come in early or stay late and don't record it because they're afraid of getting into trouble with their boss for working overtime. is is an area that the DOL continually receives complaints about." While one might suspect that some misguided employers overlook or even encourage off the clock labor, the fact is that workers can also be to blame, says Vicki Lambert, director of ePayrollAdvisor.com. "Sometimes employees will get enthusiastic and think, 'Well, I'll just do this job off the clock real quick, and then my boss will be really happy.' And they end up getting the employer in trouble." Other times, employers will allow record-keeping to fall through the cracks. "Problems can arise when an hourly recording system is not sufficiently detailed, or not contemporaneous," says Heerde. "Later, when an issue arises, the employer has to track down evidence of work hours by sorting through old emails and other records to prove an employee was paid correctly." e record-keeping challenge has increased as more people work from home. "One of the most common mistakes is failing to correctly track remote workers' time," says Lambert. "Sometimes people will work off the clock for a few minutes – maybe they check their