Issue link: https://nebusinessmedia.uberflip.com/i/1498462
W O R K F O R M E / S P R I N G 2 0 2 3 34 S ummer in Maine means the busy season for the hospitality industry — and it's more important than ever for employers to stay on top of wage and hour compliance. When tourists come to town and busi- ness begins to pick up, it can be easy to lose focus on wage and hour best prac- tices. But for Maine employers, failure to adhere to wage laws can lead to significant liability for backpay, penalties and other damages. Here are five tips to help your business stay in compliance this season and throughout the year. Regularly review your exempt staff positions It's a common misconception that an em- ployee with a "manager" title and who is paid a salary is exempt from overtime pay requirements. To be "exempt," however, that manager must meet certain duties tests established by federal and state law — and many hospitality industry managers do not meet all requirements for the commonly used executive exemption. Accordingly, it is important that employers regularly evaluate whether their managers meet all exemption criteria to avoid liability for unpaid overtime. Even if the job description seems to fit a duties test, the work actually performed by the individual is determi- native. It is also important to regularly check in with exempt staff to ensure they are primarily engaging in exempt work to maintain the exemption, because if a manager spends too much time assisting with non-managerial tasks, they may be at risk of losing their exempt status. Keep employees on the clock for short breaks It may seem counterintuitive to pay for breaktime, but the general rule under the Fair Labor Standards Act is that rest breaks B Y L I Z J O H N S T O N Avoid employee wage and hour pitfalls during tourist season Liz Johnston is a labor lawyer at the law firm Verrill in Portland. The benefits of working at Waypoint Maine go beyond just your compensation. They include camaraderie, personal growth and professional development, and the pride of having made a difference. Adult Case Managers Children's Case Managers Care Coordination Ed Techs Now Hiring! Send your resume here: Careers@waypointmaine.org Join our Team of Caring Professionals! 5 Dunaway Drive Sanford, Maine waypointmaine.org Tips belong to the employees who earn them. H o w t o P H O T O / V E R R I L L