driven HR provides professional consulting and technical compliance assistance in the application of the Fair Labor Standards Act (“FLSA”), and state-specific wage & hour laws to all types of employers, including non-profit organizations. Frank and his team are subject matter experts in the technical requirements of these laws, how they influence your HR management efforts, and impact your bottom line.

Some of the most common wage and hour-related errors made by employers include:

  • Misclassifying workers as “independent contractors.”  Although historically a favorite of federal and state auditors, recent “partnership agreements” between the federal DOL and several state Attorneys General have brought this, and other violations into much greater focus.
  • Misclassifying employees as “exempt” without a clear understanding of the various exempt categories, or the very different qualification requirements for each exemption. Also a favorite of state and federal auditors, this will almost certainly result in the assessment of back wage and overtime payments, as well as fines and penalties totaling thousands to hundreds-of-thousands of dollars.
  • Incorrect calculation of overtime. This includes not paying overtime to employees misclassified as exempt, as well as calculating overtime on an employee’s “base” hourly rate rather than the employee’s “regular” hourly rate.
  • Providing compensatory or “Comp-time” in place of overtime payments. The FLSA does not allow private sector businesses—including non-profit organizations—to offer or provide comp-time to employees in place of overtime, even where the employees have requested this arrangement.

The solution?  Identify the errors before the government does, correct them, and ensure compliance going forward.  A driven HR Risk Assessment is an excellent tool to begin that process…identify the errors before the government does! 

driven HR is set apart by our unique combination of enforcement and HR management experience.  Regulations—like the FLSA—are intended to protect employees, and do not stand alone. They are intertwined with other federal and state laws and cover your employment relationships like a spider’s web. With our expertise and years of experience, we know what you need to do to comply, and stay in compliance with all the regulations that apply to your business.

For more information contact Frank Cania at, or 585-672-4142.