You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex; but each state may have subtle differences when compared to the FLSA. As an employer, your responsibility is to ensure compliance with the FLSA and the state law of each state where you do business. So, for example, if you think your Information Services Department employee in Pennsylvania is “exempt” from the overtime provisions of the FLSA as a computer employee, think again: Pennsylvania law does not recognize the exemption for computer employees! (Hmm . . . better think of another potential exemption to apply to that employee.) Pennsylvania is not the exception — many states have “interesting” differences from the FLSA.
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