National Clothesline

his column over the years has contained many articles on federal and state wage and hour laws. These are the laws that require employees to be paid minimum wage and overtime.

At the end of March, the Department of Labor issued proposed regulations to change the requirements for overtime exemptions for executive, administrative, and professional employees. Further, in April, Congress took steps to allow employers to use “comp time” instead of overtime cash payments.

The proposed regulations, if adopted, will be the first change in the rules covering exemptions for white-collar employees in decades. The proposed regulations raise the minimum salary requirements, as well as further define what types of duties an employee must perform to be eligible for the exemption. Once final regulations are issued, I will devote a column to a full explanation.

With respect to the “comp time” issue, current federal law requires that overtime be paid in cash. It is not permissible to use paid time off for overtime, in large part because overtime must be calculated on a workweek basis.

For years, however, federal law has allowed the use of comp time, subject to some restrictions, for employees of state and local governments. The current move in Congress is to extend that benefit to private employers. Labor unions and many Democrats have vowed to fight the legislative change.

Congress is also grappling with new research that shows that unemployment benefits may discourage people from seeking work.

As my children might say, “Well, duh?”

Perhaps Congress and the states should consider making it more difficult for former employees to receive unemployment when discharged for cause, including unsatisfactory work performance. Unfortunately, the way the law currently stands, it is difficult to disqualify a former employee from receiving benefits unless he or she has engaged in serious misconduct.

OSHA has announced that it intends to increase the number of workplace inspections this year. In addition, OSHA plans to target employers with records of serious violations. For this reason, employers should review their safety programs, strategies for dealing with OSHA inspections, and their philosophies for fighting citations.

As you know from reading past articles, employers have the right to insist on a warrant before they allow OSHA to inspect their places of business. Companies should not hesitate to invoke their right to be free from government intrusion without probable cause.

Companies should also, however, work to improve safety in the workplace. A safety program is a good first start. This program should include hazard communication training, lock-out/tag out procedures for equipment being serviced or maintained, and other rules designed to prevent accidents and injuries.

These programs should be enforced with progressive discipline, and records of employee safety training should be kept. If an employer with a good safety program receives citations, it has a better chance of defeating them than an employer with no program at all.

Finally, spring is a good time to remind employers of the child labor laws. In most circumstances, employees under 18 must have work permits, which can be obtained at their high school. Employment without a permit is considered illegal employment, and if the child is injured, workers’ compensation may not cover the injury, or there may be additional penalties.

Summer help can make employee vacations easier to plan, but summer help is different from help over 18. In most states, they are also entitled to more break time than regular employees. Find out what your state requires.

Frank Kollman is a partner in the law firm of Kollman & Saucier, PA, in Baltimore, MD. He can be reached by phone at (410) 727-4300 or fax (410) 727-4391. His firm’s web site at www.kollmanlaw.com has articles, sample policies, news and other information on employee/employer relations.