Protect Your Business and Avoid Costly Penalties
Navigating the Fair Labor Standards Act (FLSA) can feel overwhelming for any business. From determining exempt vs. non-exempt employees to handling Wage & Hour investigations, even small compliance errors can lead to significant fines, back pay claims, and damaged trust. At Wilson-Bird and Associates, we help businesses like yours achieve and maintain full FLSA compliance—so you can focus on growth while we handle the complexities.
With over 35 years of experience as a U.S. Department of Labor investigator, I’ve seen it all—from payroll audits gone wrong to misclassified employees that cost businesses tens of thousands of dollars. Let us help you identify issues early, fix them quickly, and ensure your business remains compliant.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) is a federal law that establishes wage and hour rules for employers across the United States. It ensures fair treatment of employees by regulating:
- Minimum wage
- Overtime pay for non-exempt employees
- Employee classifications (exempt vs. non-exempt)
- Recordkeeping requirements
FLSA compliance is mandatory for most businesses. Failing to meet these requirements can result in penalties, back pay claims, and legal action. For example, I once worked with a company that misclassified five employees as exempt, not realizing they were entitled to overtime pay. By the time they were investigated, the back pay owed amounted to over $60,000—a costly but avoidable mistake.
Our FLSA Compliance Services
At Wilson-Bird and Associates, we offer a suite of specialized services to help businesses achieve FLSA compliance. Here’s how we can help:
1. Representation During Wage & Hour Investigations
A Wage & Hour investigation can feel intimidating, especially if your business has compliance gaps. As a former U.S. Department of Labor investigator, I know what investigators look for and how to help you prepare.
How We Help:
- Organize payroll records and timekeeping data.
- Act as your company’s representative to communicate with investigators.
- Develop corrective action plans to address compliance gaps quickly and efficiently.
Example: I recently assisted a small business during a surprise Wage & Hour investigation. They were struggling to provide accurate records and were panicking about potential penalties. By stepping in, organizing their documents, and liaising with investigators, we resolved the audit within two weeks—with no penalties issued.
2. Payroll Auditing for FLSA Compliance
Payroll errors are among the most common causes of FLSA violations. Our FLSA compliance audits ensure your payroll systems meet federal standards and protect you from costly penalties.
What We Review:
- Accurate overtime calculations
- Adherence to minimum wage laws
- Proper recording of time worked
- Correct deductions for taxes and benefits
By proactively identifying and fixing payroll issues, we help you stay ahead of investigations and ensure every employee is compensated fairly.
3. Employee Classification Assistance: Exempt vs. Non-Exempt
Misclassifying employees is one of the easiest—and most expensive—compliance mistakes businesses make. Many assume salaried employees are automatically exempt, but the job duties, not the pay structure, determine exempt status.
How We Help:
- Analyze job roles and responsibilities to determine proper classification.
- Identify exempt and non-exempt employees under FLSA standards.
- Implement processes to ensure ongoing compliance.
Example: A client once incorrectly classified a warehouse supervisor as exempt, believing a salary meant no overtime. After our review, we reclassified the position, implemented new policies, and avoided an audit that could have resulted in thousands in penalties.
4. Employee Training on FLSA Compliance
Empower your team with the knowledge they need to maintain compliance. We provide customized FLSA training for HR teams, managers, and employees.
Training Topics Include:
- Understanding exempt vs. non-exempt status
- Proper time tracking and overtime pay calculations
- Recordkeeping best practices for FLSA compliance
Ongoing education ensures your business avoids costly mistakes before they happen.
Why FLSA Compliance Matters
Non-compliance with FLSA regulations can lead to severe consequences, including:
- Financial Penalties: Employers may owe back wages, liquidated damages, and fines.
- Lawsuits: Employees can file claims for unpaid wages or overtime.
- Reputational Damage: Compliance violations can erode trust with employees and clients.
Did You Know? According to the Department of Labor, over $230 million in back wages were collected in 2023 alone due to FLSA violations. Don’t let your business become part of that statistic.
Why Choose Wilson-Bird and Associates for FLSA Compliance?
At Wilson-Bird and Associates, we offer unmatched expertise in FLSA compliance. Here’s why businesses trust us:
- Experience That Counts: Michelle Bird spent nearly 35 years enforcing wage laws as a U.S. Department of Labor investigator.
- Customized Solutions: We tailor every service to your business’s unique needs.
- Proven Success: We’ve helped businesses across industries avoid penalties and streamline compliance.
- Peace of Mind: With our guidance, you can focus on running your business, knowing your compliance is in good hands.
Common FLSA Compliance Issues
Many businesses face similar challenges when it comes to FLSA compliance. We help resolve issues like:
- Misclassifying Employees: Exempt vs. non-exempt status confusion.
- Overtime Pay Errors: Failing to pay correct overtime wages.
- Inaccurate Recordkeeping: Missing or incomplete payroll and timekeeping records.
- Employee Misunderstandings: Uninformed employees challenging pay practices.
Frequently Asked Questions (FAQs)
Q: What is the penalty for FLSA violations?
A: Penalties may include back wages, liquidated damages (equal to back wages owed), and fines up to $10,000 per violation.
Q: How often should I conduct an FLSA compliance audit?
A: It’s recommended to conduct audits annually or whenever significant changes occur in payroll, job roles, or wage policies.
Q: Can you help during an FLSA investigation?
A: Yes. We represent your business, organize records, and liaise with investigators to resolve issues efficiently.
Call to Action
Don’t let FLSA compliance issues put your business at risk. Schedule your FLSA compliance audit today with Wilson-Bird and Associates.
📞 Call us now at 913-229-0339
📧 Email us at [email protected]
✅ Let’s protect your business together.