Check that you are paying your employees correctly
The stories in the media this week about underpayment of employees in cafes and other retail businesses is a reminder of the need to ensure you are paying your team members according to the law.
- Ensure you have proper record keeping for hours and wages.
- Provide a written pay slip with every pay.
- Pay on the record and not cash in hand.
- Ensure you pay the correct overtime rate.
- Ensure your superannuation payments are up to date.
- Ensure your workcover (or similar) is up to date.
- Ensure you have accurate records for leave.
No, family members should not be treated different to any other employee.
Employees can easily lodge a complaint with the Fair Work Ombudsman. They investigate every claim. Even the smallest oversight can have cost and reputational consequences for a business. Ignorance is no excuse.
I regularly hear from current and former newsagency employees with stories of claimed under payment. In each case I refer them to the Fair Work Ombudsman. When I have the opportunity I make it clear that I don’t want to know the business name as I am not the regulator. The thing is, however, people come to me after months of getting nowhere with their current or former employer, they come to me out of frustration and, often, anger.
I don’t want our channel to be the subject of the types of stories we are hearing right now about cafes where underpayment and other crimes are getting considerable media attention. We avoid this by obeying the law and encouraging our colleagues to do the same.
The most challenging story put to me is of a close relative of an owner, an adult male, being paid $15 cash in hand for 40+ hours a week that includes 8 hours every Sunday. This have gone on for three years. My rough calculation suggests that there is at least $50,0009 owed plus superannuation plus likely penalties. I am told this would kill the business. As I see it, the person who contacted me has to go to Fair Work for themselves and the likely other employees being treated similarly while the owner lives a more luxurious life. I suspect the owner has the money to fulfil their obligations.