Some companies have recently attempted to fend off employee lawsuits by claiming they did not owe workers overtime pay for employee attendance past 40 hours because those individuals were performing more than one job function, reports J.D. Supra.

The source gives the example of a restaurant and explains that despite employers' confusions, they must pay workers time-and-a-half for overtime work even if they spend 25 hours doing back-of-the-house work such as washing dishes and another 20 hours at the front-of-the-house waiting on tables.

The Department of Labor's Fair Labor Standards Act (FLSA) has very strict requirements where nonexempt individuals' pay is concerned. If any covered employee works more than 40 hours in a single week, he or she must earn premium pay for that additional time and attendance. If a company does not compensate its workers correctly, the DOL can order it to pay back wages to affected employees in addition to penalties for damages.

To reduce the likelihood of FLSA violations, employers can use a payroll processing system that tracks employees' total hours worked no matter which job duties they are performing on any given day.
 

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