MAMU December 17 eNewsletter
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TAG Labor & Industrial Insights eNewsletter
December 2017, Vol. III, Issue VI
 Four Myths about Holiday Pay under the FLSA


Four Myths about Holiday Pay under the FLSA

 

The 2017 holiday season is upon us. Most of you have a good handle on this, but for some new managers, HR people, and payroll people there may be some confusion in how people should be paid for the holidays. Here is some guidance from the FLSA. Some of you may be in states that have other regulations, such as California, so be aware of your local jurisdiction.

 

Attendance Point System Policy

Q. We have an attendance policy for our nonexempt employees that gives points for each occurrence of absence. People have learned to “game” the system, either by missing multiple days in a row (which counts as one occurrence) or by always missing Mondays or Fridays. How can we modify our policy so that employees can’t take advantage of the system?

IRS Says ACA Employer Mandate Penalties Coming

 

The IRS quietly revised its FAQ on employer shared responsibility provisions under the Affordable Care Act (ACA) in November, adding a bombshell statement that it plans to inform employers of their “potential liability for an employer shared responsibility payment, if any, in late 2017.” The announcement should put employers on high alert at the close of the year.

National Origin Discrimination

 

Q. We interviewed a candidate who had the right type and length of experience but spoke with a thick accent. Is it okay to reject a candidate because their accent made it difficult to understand them?