Wage and Hour Compliance in 2026: It's More Than Just Calculating Overtime
Human Resources

Wage And Hour Compliance In 2026: It's More Than Just Calculating Overtime

CWS2026342
100 Minutes
May 15,2026

10:00 AM PDT | 01:00 PM EDT

Overview

Federal and state wage and hour compliance remains one of the most critical responsibilities in the payroll department. This webinar focuses on the wage and hour requirements that payroll professionals must follow, including overtime calculation, travel time, minimum wage, posting requirements, meal and rest periods, pay frequency, approved methods of payment, and the rules for paying terminated employees. Attendees will gain practical insight into how these requirements affect payroll preparation and day-to-day compliance obligations.

The Department of Labor takes wage and hour violations very seriously, and the risks to employers continue to grow. In FY2025 alone, agency-initiated investigations found violations that resulted in fines and penalties exceeding $259 million. Civil lawsuits for wage and hour violations also remain a significant threat, with penalties severe enough to shake the financial foundations of even some of the world’s most successful companies. Join Vicki M. Lambert, CPP, “The Payroll Advisor,” for this information-packed webinar and get the knowledge you need to help protect your company from costly wage and hour mistakes and financial jeopardy.

Areas Covered in This Webinar:

  1. Federal and state minimum wage requirements, including tip credits and youth wage
  2. Defining the legal workweek and workday, including hours worked and overtime impact
  3. Proper calculation of regular rate of pay and overtime under the FLSA
  4. Travel time pay requirements and compensable working time
  5. Meal and rest periods, including compliance and deductions
  6. Pay frequency, methods of payment, and pay statement requirements
  7. Posting requirements and handling differences between federal and state laws
  8. Paying terminated employees and handling accrued vacation payouts

Your Benefits For Attending:

  1. Gain knowledge of federal and applicable state wage and hour law as it pertains to payroll preparation.
  2. Understand the proper calculation of gross pay and overtime pay.
  3. Learn key FLSA terminology related to calculating overtime and hours worked.
  4. Develop a basic understanding of what is considered hours worked, including travel pay and meeting time.
  5. Learn when an employee must be given a lunch period and when an employer may dock for meal periods.
  6. Understand requirements for paying employees, including permitted pay frequencies and methods allowed under state laws.
  7. Gain a basic understanding of what must be included on a pay stub.
This webinar provides valuable guidance for professionals responsible for payroll accuracy, wage and hour compliance, and reducing organizational risk. Attending will help you strengthen your knowledge, improve payroll practices, and better protect your company from costly violations, fines, and penalties.

Who Can Benefit:

  1. Payroll Executives, Managers, Administrators, Professionals, Practitioners, and Entry-Level Personnel
  2. Human Resources Executives, Managers, and Administrators
  3. Accounting Personnel
  4. Business Owners, Executive Officers, Operations Managers, and Departmental Managers
  5. Lawmakers
  6. Attorneys and Legal Professionals
  7. Any individual or entity that must deal with the complexities and requirements of wage and hour compliance

Table of Contents

  1. Introduction
  2. Our Focus For Today
  3. “White Collar” Exemptions
  4. Standard Salary Level
  5. Definition Of Overtime Pay
  6. But Maybe The States Require Daily Overtime
  7. But Maybe The States Require… Special Overtime
  8. Useful Definitions
  9. Semimonthy Payrolls & Overtime
  10. Public Sector Work Week
  11. Hospital Employees
  12. And…. 
  13. Hours Worked…
  14. Keeping Track Of Hours Worked
  15. Two Exceptions
  16. Rounding Practices
  17. Rounding Example
  18. Rounding Example Continued
  19. Rounding Example - Fact Sheet #53
  20. Rounding Example - Fact Sheet #21
  21. Example - Fact Sheet #21 Cont’d
  22. De Minimis Or Insignificant Timekeeping
  23. Definition Of Hours Worked
  24. The U.S. Supreme Court Has Ruled That Hours Worked Include
  25. Therefore…
  26. Which Means
  27. Therefore…
  28. Travel And Other Types Of Pay
  29. Travel And Other Types Of Pay Cont’d
  30. Regular Rate Of Pay
  31. Regular Rate Of Pay Cont’d
  32. 1. Does Not Include Gifts
  33. 2. Does Not Include Nonworking Hours
  34. 3. Does Not Include Expenses
  35. 4. Does Not Include Discretionary Bonuses
  36. 4. Example Of Discretionary Bonus
  37. 4. Example Of Non-Discretionary Bonus
  38. 4. Bonuses Normally Include
  39. 5. Does Not Include Profit Sharing
  40. 6. Does Not Include Health Or Life Insurance
  41. 7. Does Not Include Premium Pay
  42. 8. Does Not Include Premium Pay
  43. Payments For Suggestions?
  44. Payments For Suggestions? Cont’d
  45. Regular Rate Of Pay
  46. Regular Rate Of Pay Cont’d
  47. Methods For Calculating Overtime
  48. Doing The Math…Following The Steps
  49. Now An Example With Numbers
  50. The Proper Or FLSA Method
  51. The Proper Or FLSA Method Cont’d
  52. Commonly Used Or Alternative Method
  53. Example With Bonus
  54. Notice The Difference
  55. Let’s Do Another Example
  56. The Right Way (Using DOL OT Calculator)
  57. But What If More Than One Week Is Involved?
  58. Multiple Rates Of Pay
  59. Commission Payments
  60. Deductions & Noncash Payments
  61. Minimum Wage
  62. Room And Board
  63. Tip Credit
  64. State And Local Issues
  65. Minimum Wage By State
  66. Current State Minimum Wage
  67. Credits Against Minimum Wage
  68. Tip Credit Against Minimum Wage
  69. Tip Credit Against Minimum Wage Map
  70. Youth Minimum Wage (Training Wage)
  71. Creditor Garnishment Table
  72. State Update
  73. Living Wages
  74. Sick Leave - State/City Chart
  75. Paid Family Leave
  76. Meal And Rest Periods
  77. Meal Periods
  78. Meal Periods By State Map
  79. Rest Periods
  80. Posting Requirements
  81. Statements (Paystubs)
  82. States With No Requirement
  83. Employee Request
  84. Mandatory Statement
  85. Ohio
  86. Statement Of Deductions
  87. Direct Deposit Pay Cards
  88. Electronic Statements
  89. Payday Notices
  90. Payday Notices Map
  91. Pay Rate Notices
  92. Frequency Of Wage Payments
  93. Permitted Payroll Frequencies
  94. Max Period Permitted For Nonexempt Employees For Private Sector Employers
  95. Method Of Payment
  96. Cash and Checks
  97. Direct Deposit
  98. Voluntary Only
  99. Pay Cards
  100. Paycards By State Private Sector Employers
  101. Paying Terminated Employees
  102. Terminated Employees By State
  103. Terminated Employees By State Cont’d
  104. Vacation Pay And Termination
  105. Vacation Payout Requirements States Chart
  106. Vacation Payout Requirements States Chart Cont’d
  107. Deducting From Wages For Overpayments
  108. Overpayments: FLSA Requirements
  109. State Requirements
  110. California
  111. California Cont’d
  112. State Breakdown for Handling Overpayments Map
  113. Deducting For Advanced Vacation
  114. Vacation - CA
  115. New York
  116. Vacation - ND
  117. Additional Resources
  118. Are There Any Questions?
  119. Presentation Closure

Index

  1. 8/80 Rule
  2. De Minimis
  3. Department of Labor (DOL)
  4. Discretionary Bonus
  5. Exempt
  6. Expense
  7. Fair Labor Standards Act (FLSA)
  8. Fringe Benefits
  9. Living Wage
  10. Minimum Wage
  11. Nondiscretionary Bonus
  12. Non-exempt
  13. Overtime
  14. Prevailing Wage
  15. Regular Rate of Pay
  16. Temporary Disability Insurance (TDI)
  17. Travel Pay
  18. Wage

Key Terms

8/80 Rule: The “8 and 80” exception allows employers to pay one and one-half times the employee's regular rate for all hours worked in excess of 8 in a workday and 80 in a fourteen-day period.

De Minimis: Too trivial or minor to merit consideration.

Department of Labor (DOL): The United States Department of Labor is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments.

Discretionary Bonus: The employer has the sole discretion, until at or near the end of the period that corresponds to the bonus, to determine the amount of the bonus; and the bonus payment is not made according to any prior contract, agreement, or promise causing an employee to expect such payments regularly.

Exempt : Exempt employee is a term that refers to a category of employees set out in the Fair Labor Standards Act. They do not receive overtime pay, nor do they qualify for the minimum wage

Expense: Offset (an item of expenditure) as an expense against taxable income.

Fair Labor Standards Act (FLSA): The Fair Labor Standards Act of 1938 29 U.S.C. § 203 is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits most employment of minors in "oppressive child labor".

Fringe Benefits: An extra benefit supplementing an employee's salary, for example, a company car, subsidized meals, health insurance, etc.

Living Wage: A living wage is defined as the minimum income necessary for a worker to meet their basic needs. This is not the same as a subsistence wage, which refers to a biological minimum, or a solidarity wage, which refers to a minimum wage tracking labor productivity.

Minimum Wage: The lowest wage paid or permitted to be paid specifically fixed by a legal authority or by contract as the least that may be paid either to employed persons generally or to a particular category of employed persons.

Non-Discretionary Bonuses: A non-discretionary bonus is a bonus that the employee is expected to be paid and it is usually given at the same time, either monthly, quarterly or annually. Because these bonuses are agreed upon ahead of time, they must be included in the regular rate of pay and the calculation of overtime.

Non-Exempt: Non-exempt employees are workers who are entitled to earn the federal minimum wage for every hour they work. Such workers likewise qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.

Nondiscretionary Bonus: A nondiscretionary bonus is a bonus that fails to meet the statutory requirements of a discretionary bonus. Nondiscretionary bonuses are included in the regular rate of pay, unless they qualify as excludable under another statutory provision.

Overtime: Overtime is time and a half of what an employee earns for every hour worked over 40 in a workweek. The FLSA salary threshold is the minimum salary employers must pay employees for them to be exempt from overtime wages.

Prevailing Wage: In United States government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. This is usually the union wage.

Regular Rate of Pay: An employee’s regular rate is the hourly rate an employee is paid for all non-overtime hours worked in a workweek. When calculating an employee’s regular rate, all compensation received by the employee in a workweek must be included, including wages, bonuses, commissions, and any other forms of compensation.

Temporary Disability Insurance (TDI): Temporary Disability Insurance provides cash benefits to workers who suffer an illness, injury, or other disability that prevents them from working, and wasn't caused by their job.

Travel Pay: Travel Pay is payment for expenses employees spend traveling for work-related activities. This could include airfare, trainfare, gas and milegae, and meals.

Wage: A fixed regular payment, typically paid on a daily or weekly basis, made by an employer to an employee, especially to a manual or unskilled worker.

Vicki M. Lambert

Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm specializing in payroll education and training. The company (www.thepayrolladvisor.com) offers a payroll news service which keeps payroll professionals up-to-date on the latest rules and regulations.

With nearly 40 years of hands-on experience in all facets of payroll functions as well as over three decades as a trainer and author, Ms. Lambert has become the most sought-after and respected voice in the practice and management of payroll issues. She has conducted open market training seminars on payroll issues across the United States that have been attended by executives and professionals from some of the most prestigious firms in business today.

A pioneer in electronic and online education, Ms. Lambert produces and presents payroll related audio seminars, webinars and webcasts for clients, APA chapters and business groups throughout the country. Ms. Lambert is an adjunct faculty member at Brandman University in Southern California and is the creator of and instructor for their Practical Payroll Online program, which is approved for recertification hours by the APA. She is also the instructor for the American Payroll Association’s “PayTrain” online program also offered by Brandman University.
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