With more and more online tools–such as the DOL’s Wage and Hour “elaw Advisors“–designed to help employers comply with federal employment laws, it’s tempting to rely on them for quick answers. But that may turn costly.
The online “advisors” ask simple “yes” or “no” questions to answer, for example, whether certain employees are exempt from the Fair Labor Standards Act’s overtime provisions. The questions, though, can’t always capture the nuances leading to the correct answer. And, with courts constantly ruling on–or outright rejecting–the DOL’s regulations and interpretations, relying solely on these simple tests could wind up with those same employees suing you.
The best way to ensure you comply: consult a qualified attorney who can interpret these complex rules.