Wage and Hour Compliance

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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:
  • Federal and state minimum wage requirements, including tip credits and youth wage
  • Defining the legal workweek and workday, including hours worked and overtime impact
  • Proper calculation of regular rate of pay and overtime under the FLSA
  • Travel time pay requirements and compensable working time
  • Meal and rest periods, including compliance and deductions
  • Pay frequency, methods of payment, and pay statement requirements
  • Posting requirements and handling differences between federal and state laws
  • Paying terminated employees and handling accrued vacation payouts
Your Benefits For Attending:
  • Gain knowledge of federal and applicable state wage and hour law as it pertains to payroll preparation.
  • Understand the proper calculation of gross pay and overtime pay.
  • Learn key FLSA terminology related to calculating overtime and hours worked.
  • Develop a basic understanding of what is considered hours worked, including travel pay and meeting time.
  • Learn when an employee must be given a lunch period and when an employer may dock for meal periods.
  • Understand requirements for paying employees, including permitted pay frequencies and methods allowed under state laws.
  • 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:
  • Payroll Executives, Managers, Administrators, Professionals, Practitioners, and Entry-Level Personnel
  • Human Resources Executives, Managers, and Administrators
  • Accounting Personnel
  • Business Owners, Executive Officers, Operations Managers, and Departmental Managers
  • Lawmakers
  • Attorneys and Legal Professionals
  • Any individual or entity that must deal with the complexities and requirements of wage and hour compliance
  • Level: Basic
  • Format: Live webcast
  • Instructional Method: Group: Internet-based
  • NASBA Field of Study: Taxes
  • Program Prerequisites: None
  • Advance Preparation: None
    1. Introduction
    2. Our Focus For Today 00:00:58
    3. “White Collar” Exemptions 00:03:13
    4. Standard Salary Level 00:04:08
    5. Definition Of Overtime Pay 00:04:36
    6. But Maybe The States Require Daily Overtime 00:05:03
    7. But Maybe The States Require… Special Overtime 00:06:27
    8. Useful Definitions 00:06:39
    9. Semimonthly Payrolls & Overtime 00:09:30
    10. Public Sector Work Week 00:12:49
    11. Hospital Employees 00:14:20
    12. And…. 00:14:47
    13. Hours Worked… 00:16:00
    14. Keeping Track Of Hours Worked 00:16:39
    15. Two Exceptions 00:18:02
    16. Rounding Practices 00:18:14
    17. Rounding Example 00:20:38
    18. Rounding Example Continued 00:22:50
    19. Rounding Example - Fact Sheet #53 00:23:25
    20. Rounding Example - Fact Sheet #21 00:23:51
    21. Example - Fact Sheet #21 Cont’d 00:25:23
    22. De Minimis Or Insignificant Timekeeping 00:26:46
    23. Definition Of Hours Worked 00:28:13
    24. The U.S. Supreme Court Has Ruled That Hours Worked Include 00:29:49
    25. Therefore… 00:31:14
    26. Which Means 00:31:31
    27. Therefore… 00:31:58
    28. Travel And Other Types Of Pay 00:32:43
    29. Travel And Other Types Of Pay Cont’d 00:36:26
    30. Regular Rate Of Pay 00:37:48
    31. Regular Rate Of Pay Cont’d 00:38:55
    32. 1. Does Not Include Gifts 00:40:19
    33. 2. Does Not Include Nonworking Hours 00:41:01
    34. 3. Does Not Include Expenses 00:41:21
    35. 4. Does Not Include Discretionary Bonuses 00:41:30
    36. 4. Example Of Discretionary Bonus 00:42:23
    37. 4. Example Of Non-Discretionary Bonus 00:43:23
    38. 4. Bonuses Normally Include 00:44:39
    39. 5. Does Not Include Profit Sharing 00:45:10
    40. 6. Does Not Include Health Or Life Insurance 00:45:16
    41. 7. Does Not Include Premium Pay 00:45:30
    42. 8. Does Not Include Premium Pay 00:45:32
    43. Payments For Suggestions? 00:46:10
    44. Payments For Suggestions? Cont’d 00:46:45
    45. Regular Rate Of Pay 00:47:7:11
    46. Regular Rate Of Pay Cont’d 00:47:52
    47. Methods For Calculating Overtime 00:48:26
    48. Doing The Math…Following The Steps 00:49:34
    49. Now An Example With Numbers 00:50:25
    50. The Proper Or FLSA Method 00:50:32
    51. The Proper Or FLSA Method Cont’d 00:51:22
    52. Commonly Used Or Alternative Method 00:51:42
    53. Example With Bonus 00:52:30
    54. Notice The Difference 00:53:34
    55. Let’s Do Another Example 00:54:47
    56. The Right Way (Using DOL OT Calculator) 00:55:59
    57. But What If More Than One Week Is Involved? 00:58:57
    58. Multiple Rates Of Pay 01:01:17
    59. Commission Payments 01:01:15
    60. Deductions & Noncash Payments 01:01:38
    61. Minimum Wage 01:02:21
    62. Room And Board 01:03:55
    63. Tip Credit 01:04:51
    64. State And Local Issues 01:05:53
    65. Minimum Wage By State 01:08:38
    66. Tip Credit Against Minimum Wage 01:10:15
    67. Credits Against Minimum Wage 01:10:20
    68. Tip Credit Against Minimum Wage 01:11:26
    69. Tip Credit Against Minimum Wage Map 01:11:57
    70. Meals and Lodging Credits Against Minimum Wage 01:12:27
    71. Meals and Lodging Credits Against Minimum Wage Map 01:13:31
    72. Youth Minimum Wage (Training Wage) 01:13:52
    73. Creditor Garnishment Table 01:14:15
    74. Living Wages 01:14:56
    75. Sick Leave - State/City Chart 01:15:53
    76. Paid Family Leave 01:16:36
    77. Meal And Rest Periods 01:17:43
    78. Meal Periods 01:19:26
    79. Meal Periods By State Map 01:19:47
    80. Rest Periods 01:20:00
    81. Posting Requirements 01:20:43
    82. Statements (Paystubs) 01:21:16
    83. States With No Requirement 01:23:01
    84. Employee Request 01:23:11
    85. Mandatory Statement 01:23:37
    86. Ohio 01:24:39
    87. Statement Of Deductions 01:24:52
    88. Direct Deposit Pay Cards 01:25:34
    89. Electronic Statements 01:23:23
    90. Payday Notices 01:27:23
    91. Payday Notices Map 01:28:26
    92. Pay Rate Notices 01:28:37
    93. Frequency Of Wage Payments 01:29:46
    94. Permitted Payroll Frequencies 01:30:24
    95. Max Period Permitted For Nonexempt Employees For Private Sector Employers 01:30:44
    96. Method Of Payment 01:31:05
    97. Cash and Checks 01:31:33
    98. Direct Deposit 01:32:43
    99. Voluntary Only 01:33:16
    100. Pay Cards 01:34:19
    101. Paycards By State Private Sector Employers 01:34:59
    102. Paying Terminated Employees 01:35:08
    103. Terminated Employees By State 01:35:23
    104. Terminated Employees By State Cont’d 01:36:38
    105. Vacation Pay And Termination 01:36:46
    106. Vacation Payout Requirements States Chart 01:37:11
    107. Vacation Payout Requirements States Chart Cont’d 01:37:27
    108. Deducting From Wages For Overpayments 01:37:28
    109. Overpayments: FLSA Requirements 01:37:42
    110. State Requirements 01:37:53
    111. California 01:38:13
    112. California Cont’d 01:38:24
    113. State Breakdown for Handling Overpayments Map 01:38:43
    114. Deducting For Advanced Vacation 01:38:50
    115. Vacation - CA 01:39:07
    116. New York 01:39:18
    117. Vacation - ND 01:39:26
    118. Additional Resources 01:40:25
    119. Are There Any Questions? 01:40:36
    120. Presentation Closure 01:45:35
    • Vicki M. Lambert, CPP

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    • 8/80 Rule 00:14:23
    • De Minimis 00:18:09, 00:26:48
    • Department of Labor (DOL) 00:20:19, 00:29:56, 01:11:06, 01:19:21, 01:29:01
    • Discretionary Bonus 00:41:36
    • Exempt 00:03:28
    • Expense 00:41:22
    • Fair Labor Standards Act (FLSA) 00:02:30, 00:04:43, 00:13:15, 00:15:02, 00:23:28, 00:28:45, 00:48:35, 00:51:29, 01:02:39
    • Fringe Benefits 00:45:19
    • Garnishment 01:14:29
    • Living Wage 01:14:58
    • Minimum Wage 00:02:10, 00:03:29, 00:39:27, 00:47:36, 01:02:02,01:02:30, 01:09:51, 01:14:20, 01:20:52
    • Nondiscretionary Bonus 00:39:02, 00:40:41, 00:42:23, 00:45:56, 00:59:03
    • Non-exempt 01:01:19, 01:30: 
    • Overtime 00:01:37, 00:03:31, 00:05:10, 00:13:11, 00:26:42, 00:35:44, 00:45:50, 00:47:24, 00:51:06, 00:58:31
    • Portal-to-Portal Act 00:02:36, 00:15:03
    • Regular Rate of Pay 00:01:59, 00:14:36, 00:38:05, 00:42:30, 00:47:13
    • Travel Pay 00:32:53, 01:01:45
    • Voluntary Termination 01:35:56
    • Wage 00:01:19, 00:34:10, 00:40:43, 01:21:12, 01:38:19

    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.

    Garnishment: A legal summons or warning concerning the attachment of property to satisfy a debt

    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.

    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.

    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.

    Voluntary Termination: Voluntary termination may refer to a variety of actions, but most commonly, it refers to an employee's decision to leave a job on their own accord. It differs from a layoff or a firing, in which the decision to end employment was made by the employer or another party, rather than the employee.

    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.


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    I am in Massachusetts, I was hoping it this seminar was based with mass laws

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    The presenter was very good, and she provided lots of information. In some cases, the speed of the information seemed almost overwhelming. Luckily, I was able to print the presentation for future reference, and it was good to know that most of my processes are in good standing. Although the calculation of regular time vs OT when bonuses is something I need to look into further, it was a great training.

    Frequently Asked Questions

    Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. The 'regular rate of pay' is not simply the hourly wage—it includes all compensation received in the workweek divided by total hours worked, including non-discretionary bonuses, commissions, and shift differentials. Discretionary bonuses, gifts, profit-sharing plan contributions, and expense reimbursements are excluded from the regular rate calculation. This distinction matters significantly: if a non-discretionary bonus is added mid-calculation, the regular rate—and therefore the overtime rate—increases, and retroactive overtime adjustments may be required. Common calculation methods include the FLSA half-time method (add a 0.5 premium on top of an already-blended rate) and the traditional time-and-a-half method, which produce different results. Some states also require daily overtime in addition to weekly overtime. Vicki M. Lambert, CPP covers overtime calculation methods with detailed worked examples in Aurora Training Advantage's on-demand Wage and Hour Compliance webinar.
    Whether travel time must be counted as hours worked under the FLSA depends on the type and context of the travel. Ordinary home-to-work commuting is not compensable—regardless of distance. However, travel that is part of the job is generally compensable: travel from job site to job site during the workday must be paid. Travel away from home when it occurs during normal working hours—even on a day off—is generally compensable. One-day out-of-town trips where the employee travels to another city and returns the same day require payment for travel time, excluding regular commute time. Overnight travel that requires the employee to be away from home is compensable when it cuts across the employee's normal working hours, even on non-work days like Saturday. Each scenario requires careful analysis of the employee's normal schedule and the nature of the travel. State laws may provide additional protections beyond FLSA minimums. Vicki M. Lambert, CPP covers travel pay rules in detail in Aurora Training Advantage's on-demand wage and hour compliance webinar, eligible for 2.0 CPE, HRCI, and SHRM credit.
    Under federal FLSA rules, bona fide meal periods—typically 30 minutes or more—are not compensable, provided the employee is completely relieved of duties. If an employee is required to remain at their desk, on-call, or available during a meal break, the time is compensable even if the employee eats. Short rest breaks of 20 minutes or less, by contrast, are considered hours worked and must be paid. FLSA does not require meal or rest periods at all—but most states do. State laws vary significantly: some require a specific meal break duration, others set required rest period intervals, and many specify premium pay if breaks are not provided. California is among the most employee-protective, requiring a 30-minute off-duty meal period for shifts over five hours and a second period for shifts over ten hours, with a one-hour wage penalty for missed breaks. Payroll and HR professionals must know both federal minimums and applicable state requirements to remain compliant. Vicki M. Lambert, CPP covers state-by-state meal and rest period requirements in Aurora Training Advantage's on-demand wage and hour compliance webinar.
    The timing of final paycheck delivery to terminated employees is governed by state law—federal FLSA requires only that final wages be paid by the next regular payday, but states routinely impose stricter requirements. Many states require immediate payment upon involuntary termination—meaning the final paycheck must be available on the employee's last day of work. Others require payment within 24, 48, or 72 hours of termination. Voluntarily resigning employees typically have more flexibility, with many states allowing payment on the next regular payday. Accrued vacation pay treatment at termination also varies by state: some states treat unused PTO as wages that must be paid out, while others allow employers to implement use-it-or-lose-it policies. California is particularly strict—vacation is treated as earned wages, and any policy that forfeits accrued vacation is illegal. Missing final paycheck deadlines can trigger state-imposed waiting time penalties, which in some jurisdictions can equal a full day's wages for each day payment is delayed. Vicki M. Lambert covers final pay rules state-by-state in Aurora Training Advantage's on-demand Wage and Hour Compliance webinar.
    Wage and hour enforcement is among the most active areas of employment law compliance, with the Department of Labor's Wage and Hour Division recovering over $213 million in back wages from employer violations in FY2022 alone. DOL investigations can result in payment of back wages for up to two years of violations—or three years for willful violations—plus an equal amount as liquidated damages, effectively doubling the liability. Private lawsuits under the FLSA can become collective actions, multiplying exposure dramatically. Common violations include misclassifying employees as exempt when they don't meet the FLSA salary and duties tests, failing to include non-discretionary bonuses in the overtime rate calculation, not paying for all hours worked including pre- and post-shift activities, improper rounding, and failure to maintain accurate time records. To reduce audit risk, employers should conduct periodic wage and hour self-audits, ensure time records are accurate and complete, review classification decisions regularly as job duties change, and train managers on what constitutes compensable time. Vicki M. Lambert covers wage and hour audit preparation in Aurora Training Advantage's on-demand payroll compliance webinar.