Proof that your business is never too small to be noticed by the federal (or state) Department of Labor: a small dental surgery practice was investigated for unpaid overtime violations. The Department of Labor determined that 13 employees were paid their regular hourly rate for all hours worked—regardless of whether they worked more than 40 hours in a workweek. Overtime should have been paid when the employees exceeded 40 hours in a workweek at a rate of 1.5 times the regular hourly rate. The practice was ordered to pay $8,656 in back wages and liquidated damages.

Similarly, this matter also highlights the need to have all non-exempt (overtime eligible) employees accurately track and attest to hours worked each workweek. A practice of presuming that an employee has only worked his/her regular full-time schedule can open a business up to potential challenge by an employee or a class of employees who allege hours of off-the-clock work, resulting in unpaid overtime.

Read the full Dept. of Labor press release: