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Department of Labor (DOL) Salary vs Hourly Definition

April 7, 2017 - minute read

Definition of DOL Labor Salary vs HourlyWhen was the last time you reviewed the Department of Labor’s salary vs hourly definition? Or self-audited your company to make sure you’re paying employees correctly? Because getting it right can be surprisingly tricky—especially when it comes to paying hourly employees--and payroll errors can be very costly for employers

After all, wage and hour lawsuits have been rising for the last decade. Between record-breaking class action settlements…the headlining-grabbing FLSA overtime rule…and heightened worker awareness, this litigation trend is expected to continue. For employers, that means any compliance violation can leave them highly vulnerable.

Understanding the Difference Between Salary vs Wage Definitions

If there are weaknesses or gaps in your company’s wage and hour procedures, now is a great time to fix them. With that in mind, let’s review Department of Labor salary vs hourly wage definitions as well as strategies for ensuring you’re paying employees correctly.

Department of Labor Salary vs Hourly Definitions

When it comes to understanding the Department of Labor salary vs hourly definitions, it’s based on how employee compensation is calculated.

Salaried Employees Defined

The definition of salary pay in a nutshell: a salaried employee gets paid on the basis of a predetermined annual amount. That annual salary is divided between the employer’s pay periods for the year, and the employee receives the same gross amount every paycheck (unless something changes, like a pay increase).

Salaried employees may be required to punch a time clock, but their pay isn’t tied to the hours on their time card. If a salaried employee works a bit more or less in any given week, it isn’t reflected in his or her paycheck.

eBook - Federal Labor laws and penalties by company size 

Hourly Employee Definition

On the other hand, an hourly employee gets paid on the basis of a predetermined hourly rate. Hourly employees are paid for the exact amount of time they work each pay period (although they can also earn paid sick time and paid time off). Their gross pay can vary from paycheck to paycheck, because it’s determined by how many hours they actually worked during a given time.

Needless to say, Department of Labor salary vs hourly wage definitions must be applied by employers in a consistent manner, using a company-wide compensation system that’s based on job descriptions, not managerial discretion. Two employees with the same title must be paid the same way—i.e., on a salaried or hourly basis.

Ensuring Hourly Employees Get Paid Correctly

Employers should be aware of the most common pitfalls that trigger pay errors for hourly employees. These include failing to pay employees correctly for overtime or off-the-clock work, making unauthorized time card changes, and allowing employees to work through mandated meal breaks.

It also includes the misclassification of exempt and nonexempt employees, which of course is tied to Department of Labor salary vs hourly employee definitions. The salary basis test, salary level test and job duties test all contribute to an employee’s exempt/nonexempt classification.

All of these pitfalls can—and have—triggered wage and hour lawsuits that have cost employers millions. Typically when any of these violations occur in the workplace, it signifies that that employer does not have adequate workforce management controls in place.

So, how do you make sure that you’re not one of those employers? There are a number of preventative steps you can take, including:

  • Make sure your company has a method for staying abreast of the many wage and hour laws that affect your business on the federal, state and local levels, as well as maintaining the procedures needed to enforce them.
  • Regularly educate your managers and employees on compliance policies. Put a vehicle in place for communicating changes and updates, as well as educating new employees as they are onboarded.
  • Keep accurate, detailed wage and hour records, especially time sheets. If you’re accused of paying an employee incorrectly, you’ll need this documentation.
  • Listen to your employees and field managers. If someone reports a problem or lodges a complaint, address it promptly and learn from it.

Other Differences Between the Salary Pay and Wages

Most importantly, leverage workforce management technology. When it comes to wage and hour violations, manual processes and human error are usually involved. Anything short of an automated time and attendance system that tracks all of your workforce is going to leave you vulnerable.

Furthermore, the most robust workforce management systems offer advanced reporting features and real-time alerts that can help prevent errors from happening in the first place.

Because if you’re not tracking your employees’ hours accurately 100% of the time, how can you possibly pay them accurately 100% of the time?

EPAY’s unified human capital management system ensures hourly employees are always paid correctly, by seamlessly combining a highly-robust time and attendance system—featuring advanced reporting, real-time alerts, and unique mobile time-tracking solutions—with powerful payroll software that’s designed to enhance labor compliance. See how we can ensure your employees are paid correctly every single pay period.

Filed Under: Compliance