On July 12, Venable attorneys Jeff Tenenbaum, Grace Lee, and Rob Friedman presented a program at Venable's Washington, DC office (and via webinar) to help nonprofits navigate the federal Fair Labor Standards Act’s complex rules on compensable time for non-exempt employees. The program – which was recorded and is available online – highlighted common pitfalls to avoid in this area, cut through the many myths and misperceptions, addressed examples that frequently cause confusion, answered dozens of audience questions, addressed the issues of interns and volunteers, and provided useful compliance tools (including a chart of common compensable time quandaries).

Wage and hour lawsuits outpace all other types of employment litigation for nonprofits, and federal and state labor departments continue vigorous enforcement in this area. Therefore, it is critical for nonprofits to ensure that non-exempt employees are properly compensated for all hours worked. The speakers addressed issues such as:

  • work travel away from home and when travel time is and is not compensable;
  • attending seminars, conferences and training programs out of the office, and on-call time at conferences;
  • non-mandatory attendance at receptions, dinners and other social events;
  • non-exempt employees working through lunch or breaks during the day, or arriving early or staying late;
  • the narrow exception for comp time (at time-and-a-half) within the same pay period;
  • regulating shifts within a work week to stay within 40 hours;
  • employee volunteer activities;
  • inclement weather and furloughs; and
  • interns and volunteers.

This was a very well-received and well-attended program. To download a copy of the PowerPoint presentation, please click here. To download a copy of the chart of common compensable time quandaries, please click here. To listen to a recording of the program, please click here.