US Labor’s Tenorio highlights labor issues at SHRM meeting

A federal investigator from the U.S. Department of Labor spoke at the Society for Human Resource Management NMI Chapter’s monthly meeting at the Hyatt Regency Saipan yesterday to describe recent labor audit issues his office has been encountering in the Commonwealth.

Wage and Hour Division’s Dean Tenorio said that many of the local labor issues relate to deductions, overtime, and break hours.

One of the main points that Tenorio emphasized at the meeting was the issue of deductions in an employee’s paycheck. He said an employer should not deduct from the salary of an employee if it will result in the salary going lower than the set minimum wage.

Whatever deductions—whether payment for tools, uniforms, or damages—that an employer will apply to an employee must not result in the former paying lower than the minimum wage of $6.05 an hour.

He added that materials or tools that are needed for job safety must be the employer’s responsibility.

“You can deduct if you are paying higher than the minimum wage,” Tenorio said. “Deductions should be for the employee’s benefits.”

He added that overtime pay is also protected from deductions and must be counted on a weekly basis.

Working off the clock

Tenorio also pointed out the enforcement of breaks as well as the observance of the hours and right compensation for employees who worked those hours.

He told of cases where employers were unreasonable in their expectations of the employees when they require the latter to finish demanding workloads without exceeding their regular hours just so they will not pay for overtime.

He also cited cases wherein an employee is somehow forced to clock out for break time even if he or she didn’t actually go on a break.

“The question is not whether they didn’t eat. It’s about if they take a break that’s not interrupted,” Tenorio said.

One member of the audience asked Tenorio about “devoted employees” who insist on working even when off the clock.

Tenorio reminded the managers and supervisors that it is their responsibility to monitor these employees’ activities as well as maintain accurate records of their employees’ hours.

According to SHRM chapter president Frank Gibson, the board chose their topic for this month.

“These are the issues that concern all of our members,” he said.

SHRM is the world’s largest association devoted to human resource management.