2014 Brigham Young University Idaho Brigham Young University Idaho

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "2014 Brigham Young University Idaho Brigham Young University Idaho"

Transcription

1 2014 Brigham Young University Idaho Brigham Young University Idaho

2 FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2

3 Overview Northwestern University Football Define Exempt and Non-exempt Exemption Standards for: Executive Administrative Professional Computer-Related Other Current Legal Topics Policy Re: Salary Administration 2014 Brigham Young University Idaho 3

4 College Athletes Players Association v. Northwestern University Regional office of the NLRB ruled that scholarship football players are employees and can unionize. Why? 1) Perform services for the benefit of the University and receive compensation (scholarship) 2) Subjected to the employer s control in the performance of their duties as football players 3) Football duties are unrelated to their academic studies unlike graduate assistants whose teaching and research are inextricably tied to their graduate degree requirements Brigham Young University Idaho

5 Defining Exempt & Non-Exempt Employees Exempt Employees -- Employees who meet one of the FLSA exemption tests and who are paid on a fixed salary basis and not entitled to overtime. Non-Exempt Employees - Employees who do not meet any one of the Fair Labor Standards Act exemption tests and are paid on an hourly basis and covered by wage and hour laws regarding minimum wage, overtime pay, and hours worked Brigham Young University Idaho 5

6 Defining Exempt & Non-Exempt Employees Exempt Administrative Employees 22 days of vacation accrual 12 days of sick leave accrual No overtime Faculty 0 days of vacation accrual 0 days of sick leave accrual No overtime Contract Non-Exempt Staff Employees 12 days of vacation accrual initially; increases every 5 years to 15 days, 18 days and 22 days 12 days of sick leave accrual Overtime if work more than 40 hours within a work week Why the difference in vacation accrual between administrative and staff employees? 2014 Brigham Young University Idaho 6

7 FLSA Designation An Issue of Status? An Indication of One s Importance? 2014 Brigham Young University Idaho

8 Job Descriptions The BYU Idaho Job Description Serves Multiple Purposes 2014 Brigham Young University Idaho

9 FLSA Exemptions Categories of Exemptions: Executive Administrative Professional Computer-Related Outside Sales Highly Compensated Employee DOL Field Operations Handbook 2014 Brigham Young University Idaho 9

10 Case Study: Paralegal Case Study: The Paralegal 2014 Brigham Young University Idaho 10

11 Executive Exemption Must be paid at least $455 weekly ($23,660 annually) on a salary basis. Primary duty must consist of managing the company or a customarily recognized department of the company. Customarily and regularly direct the work of two or more fulltime employees or equivalents. Has the authority to hire or fire other employees or make recommendations that carry weight on significant employment decisions. Examples: executive officer, controller, vice president, director Brigham Young University Idaho 11

12 Administrative Exemption Must be paid at least $455 weekly ($23,660 annually) on a salary basis. Primary duty consists of performing office or non-manual work directly related to the management or general business operations of the company. Work includes the exercise of discretion and independent judgment with respect to matters of significance. Examples: manager, supervisor, administrator Brigham Young University Idaho 12

13 Management or General Business Operations Tax Finance Accounting Budgeting Auditing Insurance Quality Control Purchasing Procurement Advertising Marketing Research Safety and Health Human Resources Employee Benefits Labor Relations Public and Government Relations Legal and Regulatory Compliance Computer Network, Internet and Database Administration 2014 Brigham Young University Idaho

14 Professional (Learned and Creative) Exemption Learned Professional: Must be paid at least $455 weekly ($23,660 annually) on a salary basis. (Teachers, licensed/certified practitioners of law and medicine, medical interns and residents do not have to be paid on a salary basis) Primary duty consists of the performance of work that requires advanced knowledge (beyond high school) and that is primarily intellectual in character and includes the exercise of discretion and independent judgment Brigham Young University Idaho 14

15 Professional (Learned and Creative) Exemption The advanced knowledge is in a field of science or learning. The advanced knowledge was acquired by a prolonged course of specialized intellectual instruction (appropriate academic degree or combination of degree and experience). Examples: accountant, nurse, engineer Brigham Young University Idaho 15

16 Professional (Learned and Creative) Exemption Creative Professional: Must be paid at least $455 weekly ($23,660 annually) on a salary basis. Primary duty consists of the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, or physical work. Examples: composer, singer, graphic designer Brigham Young University Idaho 16

17 Computer-Related Exemption Must be paid at least $455 weekly ($23,660 annually OR at least $27.63 per hour. (Does not have to be paid on a salary basis.) Primary duty consists of: The application of system-analyst techniques and procedures, including consulting with users to determine hardware, software, or systems specifications OR 2014 Brigham Young University Idaho 17

18 Computer-Related Exemption (cont d) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, OR The design, documentation, testing, creation or modification of computer programs related to machine-operating systems, OR A combination of these duties which requires the same level of skills. Examples: network analyst, developer, software engineer Brigham Young University Idaho 18

19 Seasonal and Recreational Establishments An FLSA exemption to overtime and recordkeeping requirements applies if the establishment A. does not operate for more than 7 months in any calendar year, or B. its average receipts for any six months of such year (not necessarily consecutive) were not more than 33-1/3 per centum of its average receipts for the other six months of such year. Fact Sheet 2014 Brigham Young University Idaho

20 Common Management Arguments Greater job flexibility Easier to manage work schedules Work requires additional / extended work hours Status Responsibilities merit the exemption Job title = x Other 2014 Brigham Young University Idaho

21 2014 Brigham Young University Idaho Dual-role Employees

22 Paycheck Fairness Act President Obama issued an Executive Order and Presidential Memorandum to enforce parts of the act because the House was not expected to vote on it this session. Would require employers to prove that any gender based pay discrepancy is job-related and consistent with business necessity. Would restrict flexible employee compensation based on legitimate factors like: 1) Prior experience 2) Education 3) Negotiation by employees 2014 Brigham Young University Idaho

23 Presidential Memorandum Modernize and streamline the white collar overtime exemptions regulations Fact Sheet: Opportunity for All: Rewarding Hard Work by Strengthening Overtime Protections 2014 Brigham Young University Idaho

24 Presidential Memorandum Secretary of DOL charged to: 1. Update existing protections in keeping with the intention of the Fair Labor Standards Act. 2. Address the changing nature of the American workplace. 3. Simplify the overtime rules to make them easier for both workers and businesses to understand and apply Brigham Young University Idaho

25 Anticipated Changes to FLSA Possible Changes Include: Increase Minimum Salary Threshold for FLSA Exemptions $455 per week to $970 per week $23,660 per year to $50,000 per year Change the Primary Duties Test 2014 Brigham Young University Idaho

26 Time to Update the Law EXAMPLE Annual Salary: $24,000 Hours Per Week Hours Per Year Hourly Rate 40 2,080 $ ,600 $ ,120 $ Brigham Young University Idaho

27 Time to Update the Law 1938 The FLSA Becomes Law 1975 Minimum Threshold: $250 per week 2004 Minimum Threshold: $455 per week (the equivalent of $561 in today's dollars) The current rate is below today s poverty line for a worker supporting a family of four, and well below 1975 levels in inflation adjusted terms Brigham Young University Idaho

28 2014 Brigham Young University Idaho Supplemental Slides

29 Occupational Index and Exemption Assistance Other FLSA Exemptions 2014 Brigham Young University Idaho

30 Outside Sales Exemption Does NOT have to be paid on a salary basis. Primary duty consists of making sales or obtaining orders for contracts for services or for the use of facilities for which consideration is paid by a client or customer. Customarily and regularly is engaged away from the employer s place of business. Examples: traveling salespersons, contract negotiators Brigham Young University Idaho 30

31 Highly Compensated Exemption Highly compensated employees performing executive, professional or administrative duties: Must be paid a total compensation of $100,000 or more annually which includes at least $455 per week paid on a salary basis. The $100,000 annually may consist of commissions, nondiscretionary bonuses and other nondiscretionary compensation Brigham Young University Idaho 31

32 Highly Compensated Exemption (cont d) Customarily and regularly performs at least one of the exempt duties or responsibilities of the Executive, Administrative, or Professional Exemption Primary duty consists of performing office, non-manual work Examples: real estate broker, stock broker Brigham Young University Idaho 32

33 Salary Basis Requirement To be paid on a salary basis means that the employee regularly receives a predetermined amount constituting all or part of the employee s salary, which amount is not subject to reduction because of variations in the quality or quantity of work performed Brigham Young University Idaho 33

34 Salary Basis Requirement (cont d) In other words, exempt employees must receive their full salary for any week in which they perform any work without regard to the number of days worked or how well the job was performed with the following main exceptions: 2014 Brigham Young University Idaho 34

35 Salary Basis Requirement (exceptions) Hourly paid computer professional employees who make at least $27.63 per hour, doctors, lawyers, teachers and outside sales employees are exceptions to an exempt white-collar employee being paid on a salary basis Brigham Young University Idaho 35

36 Specific Prohibited Deductions from Salary Partial day absences (employers may pay for these using paid leave accounts). An exception to this prohibition is when the exempt employee is on FMLA leave. Actual pay deductions may be made for partial day FMLA absences. Jury duty and military leave unless the employee performs no work whatsoever during the employer s standard workweek. When no work is available such as during slow periods or when the business is closed due to weather emergencies Brigham Young University Idaho 36

37 Deductions from Salary An employee is not paid on a salary basis if deductions from the predetermined salary are made for absences occasioned by the employer or by the operating requirements of the business If the employee is ready, willing and able to work, deductions may not be made for time when work is not available 2014 Brigham Young University Idaho

38 Permitted Salary Deductions Seven exceptions from the no pay-docking rule: 1. Absence from work for one or more full days for personal reasons, other than sickness or disability 2. Absence from work for one or more full days due to sickness or disability if deductions made under a bona fide plan, policy or practice of providing wage replacement benefits for these types of absences 3. To offset any amounts received as payment for jury fees, witness fees, or military pay 2014 Brigham Young University Idaho

39 Permitted Salary Deductions Seven exceptions from the no pay-docking rule: 4. Penalties imposed in good faith for violating safety rules of major significance 5. Unpaid disciplinary suspension of one or more full days imposed in good faith for violations of workplace conduct rules 6. Proportionate part of an employee s full salary may be paid for time actually worked in the first and last weeks of employment 7. Unpaid leave taken pursuant to the Family and Medical Leave Act 2014 Brigham Young University Idaho

New Overtime Pay Rule

New Overtime Pay Rule New Overtime Pay Rule Overview On May 18, 2016, the U.S. Department of Labor (DOL) released its final rule updating overtime requirements for employers. The rule takes effect December 1, 2016 and makes

More information

Wage and Hour Law Update. Brian M. O Neal McMahon Berger, P.C North Ballas Road St. Louis, MO (314)

Wage and Hour Law Update. Brian M. O Neal McMahon Berger, P.C North Ballas Road St. Louis, MO (314) Wage and Hour Law Update Brian M. O Neal McMahon Berger, P.C. 2730 North Ballas Road St. Louis, MO 63131 (314) 567-7350 oneal@mcmahonberger.com FLSA Collective Action Filings 8,304 FLSA collective actions

More information

FLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests

FLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests FLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests Federal law provides that certain PSU employees may be exempt from the overtime wage provisions

More information

SUMMARY OF CALIFORNIA AND FEDERAL LAW

SUMMARY OF CALIFORNIA AND FEDERAL LAW SUMMARY OF AND FEDERAL LAW 110 West C Street, Suite 1300 San Diego, California 92101 (619) 682-4811 PROPERLY CLASSIFYING EMPLOYEES SALARY TEST SALARY TEST EXECUTIVE ADMINISTRATIVE PROFESSIONAL 1.salary

More information

EXEMPT VS. NON-EXEMPT Identifying Employee Classification

EXEMPT VS. NON-EXEMPT Identifying Employee Classification EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In

More information

Fair Labor Standards Act Part 541 Overtime Final Rule

Fair Labor Standards Act Part 541 Overtime Final Rule Fair Labor Standards Act Part 541 Overtime Final Rule Presented by: Ivan L. Schraeder Lowenbaum Law 222 South Central Avenue, Suite 900 St. Louis, Missouri 63105 314.746.4823 telephone 314.746.4848 facsimile

More information

EXECUTIVE EXEMPTION WORKSHEET

EXECUTIVE EXEMPTION WORKSHEET EXECUTIVE Job Title: Note: When completing this worksheet for a position that has two or more incumbents, you must be able to answer all of SALARY LEVEL TEST Yes No Comments 1. Does the employee currently

More information

Managing the Changes in the Fair Labor Standards Act

Managing the Changes in the Fair Labor Standards Act Managing the Changes in the Fair Labor Standards Act 2016 Summer Conference June 29, 2016 Linda Bond Edwards Linda Bond Edwards Overview of Changes Become effective December 1, 2016; Increases minimum

More information

NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS

NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS By: William James Rogers, Esquire Thomson, Rhodes & Cowie, P.C. Introduction On April 23, 2004, the U.S. Department of Labor published in the Federal

More information

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges

More information

ATTACHMENT 1 Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART

ATTACHMENT 1 Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART DOES THE EMPLOYEE RECEIVE A WEEKLY SALARY OF MORE THAN $250? YES -- Does the employee spent more

More information

New Overtime Regulations and Common Wage and Hour Challenges

New Overtime Regulations and Common Wage and Hour Challenges and Common Wage and Hour Challenges MOLLY CHERRY* OCTOBER 18, 2016 *Certified Labor and Employment Law Specialists OVERVIEW New Overtime Rule and Current Exemptions Options for Complying with Overtime

More information

To earn HRCI & SHRM credit

To earn HRCI & SHRM credit Federal Exemption Guidelines for Salaried Employees Presented by Marie Davis, Esq. Landegger Baron Law Group, ALC Exclusively Representing Employers Employment Law, Advice, Litigation and Solutions www.landeggeresq.com

More information

CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy

CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy Issue Date: Revision Update(s): January 13, 2009 September 10, 2013 Policy Source: Cities and Villages Mutual Insurance Company

More information

Policy 4.40 Fair Labor Standards Act (FLSA)

Policy 4.40 Fair Labor Standards Act (FLSA) Policy 4.40 Fair Labor Standards Act (FLSA) Responsible Official: VP for Human Resources Administering Division/Department: Compensation Effective Date: May 07, 2007 Last Revision: July 15, 2014 Policy

More information

THE NEW FEDERAL OVERTIME EXEMPTIONS 1 JUNE 17, 2004

THE NEW FEDERAL OVERTIME EXEMPTIONS 1 JUNE 17, 2004 THE NEW FEDERAL OVERTIME EXEMPTIONS 1 JUNE 17, 2004 On April 23, 2004, the U.S. Department of Labor (DoL) issued final revisions to the white-collar exemptions from overtime under the Fair Labor Standards

More information

FLSA Resource Guide. October Cascade Employers Association

FLSA Resource Guide. October Cascade Employers Association FLSA Resource Guide This guide is intended to help you comply with new rules under the Fair Labor Standards Act regarding overtime and employee classifications. October 2016 Cascade Employers Association

More information

FLSA: Exemption Test Questionnaire

FLSA: Exemption Test Questionnaire FLSA: Exemption Test Questionnaire Incumbent s Current Job Title: Incumbent Salary: Incumbent Name: Department: Supervisor s Name: Supervisor s Title: Date Completed: Completed by: Pay Band: Please note

More information

CTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement

CTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained

More information

New Overtime Rules JOHN BLANCHARD KRISTIN WINDTBERG

New Overtime Rules JOHN BLANCHARD KRISTIN WINDTBERG New Overtime Rules JOHN BLANCHARD KRISTIN WINDTBERG The Fair Labor Standards Act The FLSA requires employers to pay overtime to all employees, unless exempt from the FLSA: Administrative Employee Executive

More information

The Fair Labor Standards Act

The Fair Labor Standards Act The Fair Labor Standards Act HELPING DEALERS UNDERSTAND UPDATES TO THE WHITE COLLAR EXEMPTIONS AND ENSURE COMPLIANCE WITH OTHER RELEVANT FLSA EXEMPTIONS COMMONLY USED IN EQUIPMENT DEALERSHIPS. 1. Welcome/Overview

More information

2016 Fair Labor Standards Act (FLSA) Changes

2016 Fair Labor Standards Act (FLSA) Changes 2016 Fair Labor Standards Act (FLSA) Changes Toolkit for Managers and Supervisors 2016 Fair Labor Standards Act (FLSA) Changes Toolkit for Managers and Supervisors About This Toolkit More university staff

More information

Time to Talk Overtime. New Fair Labor Standards Act Rules and Some Existing Rules to Live By

Time to Talk Overtime. New Fair Labor Standards Act Rules and Some Existing Rules to Live By Time to Talk Overtime New Fair Labor Standards Act Rules and Some Existing Rules to Live By Presenters Meghan Hill Principal, Columbus 614 365 2720 meghan.hill@squirepb.com Lindsay Gingo Of Counsel, Cleveland

More information

FLSA Changes for 2016

FLSA Changes for 2016 FLSA Changes for 2016 The Department of Labor (DOL) published final regulations on May 18, 2016. In Brief: The FLSA generally requires covered employers, including ISU, to pay their employees overtime

More information

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW Presented to: Thursday, September 29, 2016 Today s Presenters 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing

More information

The Basics of Wage and Hour Laws

The Basics of Wage and Hour Laws The Basics of Wage and Hour Laws Click Here to Enter ebook 1 Preface The Fair Labor Standards Act (FLSA) is a federal law that regulates minimum wage, overtime pay, child labor and recordkeeping. Employees

More information

The Fair Labor Standards Act FLSA

The Fair Labor Standards Act FLSA The Fair Labor Standards Act FLSA hrconsulting@jwterrill.com Michelle Perris Human Resources Consultant Carol Emge Human Resources Consultant 1 Overtime updates will extend protections to 4.2 million workers

More information

The Final FLSA Overtime Rule

The Final FLSA Overtime Rule The Final FLSA Overtime Rule Issue 4 2016 On May 18, 2016 the Department of Labor released the final rule regarding the overtime regulations of the Fair Labor Standards Act (FLSA). While the rule maintains

More information

2011 WAGE AND HOUR OVERVIEW INDEX. I. OVERVIEW OF APPLICABLE LAWS...1 A. Fair L abor Standards Act...1 B. North Carolina Wage and Hour Act...

2011 WAGE AND HOUR OVERVIEW INDEX. I. OVERVIEW OF APPLICABLE LAWS...1 A. Fair L abor Standards Act...1 B. North Carolina Wage and Hour Act... 2011 WAGE AND HOUR OVERVIEW INDEX I. OVERVIEW OF APPLICABLE LAWS...1 A. Fair L abor Standards Act...1 B. North Carolina Wage and Hour Act...3 II. TERMS OF ART...4 A. Work week...4 B. Regular rate...4 C.

More information

LITTLER MENDELSON, P.C. Preparing for Change: The DOL s Final Rule and Exempt Classifications

LITTLER MENDELSON, P.C. Preparing for Change: The DOL s Final Rule and Exempt Classifications LITTLER MENDELSON, P.C. Preparing for Change: The DOL s Final Rule and Exempt Classifications Agenda A Quick Review DOL s Final Rule Preparing for Change What Are Your Options? 2 A QUICK REVIEW White Collar

More information

PERSONNEL POLICY MANUAL

PERSONNEL POLICY MANUAL POLICY C-1 Page 1 of 2 SUBJECT: PAYMENT OF WAGES Notes: Replaces Policy 3.0, Payment of Wages, Policy 3.3, Pay Advance and Policy 6.8, Direct Deposit PURPOSE: To establish processes required for payment

More information

New Rules for Overtime:

New Rules for Overtime: New Rules for Overtime: How Technology Has Changed On the Job Presented by Jodie-Beth Galos, Esq. Do you know where your employees are? FLSA Created when the U.S. was a manufacturing nation Today s work

More information

Arizona Minimum Wage Act

Arizona Minimum Wage Act Arizona Minimum Wage Act Frequently Asked Questions and Answers Under A.R.S.23-364(A), which became effective January 1, 2007, the Industrial Commission of Arizona was given the authority to enforce and

More information

Angelo State University Operating Policy and Procedure

Angelo State University Operating Policy and Procedure Angelo State University Operating Policy and Procedure OP 52.31: Multiple State Employment and Other Outside Employment DATE: January 23, 2017 PURPOSE: REVIEW: The purpose of this OP is to establish policy

More information

AUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are

AUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are AUBURN UNIVERSITY Leave Policies 5.1 Leave 5.2 Definitions & General Provisions: 5.2.1 Eligible Employee - Employees eligible for participation in Auburn University leave programs are a) Those on a regular

More information

UNDERSTANDING YOUR RIGHTS

UNDERSTANDING YOUR RIGHTS OVERTIME PAY IN FLORIDA UNDERSTANDING YOUR RIGHTS The Fair Labor Standards Act, or FLSA, for example, ensures that workers are paid a fair wage for the work they perform by requiring most employers to

More information

System-wide Pay Plan and Overtime Regulations Session for AABS

System-wide Pay Plan and Overtime Regulations Session for AABS System-wide Pay Plan and Overtime Regulations Session for AABS Elizabeth Schwartz Director of Workforce Management eschwartz@tamu.edu 979.845.0357 employees.tamu.edu FOLLOW US ON: Topics Background Basic

More information

FLSA: Hot Topics and New Developments

FLSA: Hot Topics and New Developments 6033 WEST CENTURY BOULEVARD, 5 TH FLOOR LOS ANGELES, CALIFORNIA 90045 T: (310) 981-2000 F: (310) 337-0837 153 TOWNSEND STREET, SUITE 520 SAN FRANCISCO, CALIFORNIA 94107 T: (415) 512-3000 F: (415) 856-0306

More information

FLSA Overtime Rule. Implications and Strategies for Higher Education SPEAKERS. Jim Ratchford Partner, Higher Education Practice Leader

FLSA Overtime Rule. Implications and Strategies for Higher Education SPEAKERS. Jim Ratchford Partner, Higher Education Practice Leader FLSA Overtime Rule Implications and Strategies for Higher Education SPEAKERS Jim Ratchford Partner, Higher Education Practice Leader Garry Straker Health & Benefits, Compensation & Human Capital A Hard

More information

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1 NEW YORK STATE BAR ASSOCIATION LEGALEase Labor and Employment Law New York State Bar Association 1 What is Labor and Employment Law? This pamphlet is intended to provide Employers and Employees with general

More information

Sam Houston State University A Member of The Texas State University System

Sam Houston State University A Member of The Texas State University System Finance & Operations Human Resources Policy ER-3 Work Schedules & Employee Compensation SUBJECT: PURPOSE: POLICY: Work Schedules & Employee Compensation To provide a standard policy for non-faculty employees

More information

DATE ISSUED: 11/5/ of 5 UPDATE 103 DEAB(LEGAL)-P

DATE ISSUED: 11/5/ of 5 UPDATE 103 DEAB(LEGAL)-P FAIR LABOR STANDARDS ACT MINIMUM WAGE AND OVERTIME BREAKS FOR NONEXEMPT EMPLOYEES COMPENSATORY TIME ACCRUAL PAYMENT FOR ACCRUED TIME USE Unless an exemption applies, a district shall pay each of its employees

More information

District of Columbia Wage-Hour Rules

District of Columbia Wage-Hour Rules District of Columbia Wage-Hour Rules 7 DCMR 900 et seq. 900 GENERAL PROVISIONS... 1 901 [RESERVED]... 2 902 PAYMENT OF MINIMUM WAGE... 2 903 GRATUITIES... 3 904 LODGING AND MEALS... 3 905 COMMISSIONS...

More information

NEW WHITE COLLAR EXEMPTION REGULATIONS

NEW WHITE COLLAR EXEMPTION REGULATIONS NEW WHITE COLLAR EXEMPTION REGULATIONS What Does It Mean for Employers? Paul A. Wilhelm (313) 309-4269 pwilhelm@ WHY DO I CARE? The Fair Labor Standards Act ( FLSA or Act ) enacted in 1938 as part of the

More information

TOTAL COMPENSATION POLICY STATEMENT APPLICABILITY GENERAL PROVISION

TOTAL COMPENSATION POLICY STATEMENT APPLICABILITY GENERAL PROVISION POLICY STATEMENT The University of St. Thomas values its employees as the most vital resource for advancing its mission and programs. Through the total compensation program, the University strives to accomplish

More information

Guide to Navigating the Proposed Overtime Regulations

Guide to Navigating the Proposed Overtime Regulations Guide to Navigating the Proposed Overtime Regulations Table of Contents Section I Introduction 2 Section II The FLSA: Let s Get Back to Basics 3-6 -FLSA Coverage -Enterprise Rule -Individual Employee Coverage

More information

CHICAGO MINIMUM WAGE AND PAID SICK LEAVE RULES SUPPORTING CHAPTER 1-24 OF THE MUNICIPAL CODE OF CHICAGO

CHICAGO MINIMUM WAGE AND PAID SICK LEAVE RULES SUPPORTING CHAPTER 1-24 OF THE MUNICIPAL CODE OF CHICAGO CHICAGO MINIMUM WAGE AND PAID SICK LEAVE RULES SUPPORTING CHAPTER 1-24 OF THE MUNICIPAL CODE OF CHICAGO ARTICLE 1 GENERAL RULES SECTION I. DEFINITIONS Terms used in these Rules that are defined in Chapter

More information

Fair Labor Standards UMW

Fair Labor Standards UMW Fair Labor Standards Act @ UMW 1 Session Objectives Describe the FLSA rule changes; Discuss how the FLSA rules apply at UMW; Describe the implementation; Answer your questions. 1 FLSA establishes Overtime

More information

Guide to the Fair Labor Standards Act

Guide to the Fair Labor Standards Act Guide to the Fair Labor Standards Act Prepared by the Human Resources Department For the Round Lake Area Schools Community Unit School District 116 2013-2014 EDITION This Guide is intended to provide administrators

More information

2014 Brigham Young University Idaho Brigham Young University Idaho

2014 Brigham Young University Idaho Brigham Young University Idaho 2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho Key Points from FLSA Part 1 Underlying Purpose of the FLSA Overtime and Recordkeeping Requirements Suffered or Permitted to Work

More information

Process Owner: Dennis Cultice. Revision: 1 Effective Date: 01/01/2016 Title: Holiday, Vacation and PTO Policy Page 1 of 9

Process Owner: Dennis Cultice. Revision: 1 Effective Date: 01/01/2016 Title: Holiday, Vacation and PTO Policy Page 1 of 9 Title: Holiday, Vacation and PTO Policy Page 1 of 9 Scope: This policy applies to all Team Members in the U.S. other than Puerto Rico-based and Dover Union Team Members. Team Members regularly scheduled

More information

Fair Labor Standards Act (FLSA) Overtime Revisions. Supervisor Training

Fair Labor Standards Act (FLSA) Overtime Revisions. Supervisor Training Fair Labor Standards Act (FLSA) Overtime Revisions Supervisor Training Questions to Answer What is the FLSA? What are the changes and why are they occurring? When are the changes effective? Who is affected

More information

Countdown to the New DOL Regulations. September 2016

Countdown to the New DOL Regulations. September 2016 Countdown to the New DOL Regulations September 2016 Presented By: Lee Schreter Atlanta, GA lschreter@littler.com (404) 760-3938 Tammy McCutchen Washington DC (202) 414-6857 tmccutchen@littler.com Ready

More information

COMPENSATION AND BENEFITS: LEAVES AND ABSENCES. The following guidelines will apply when employees are absent from duty: ABSENCE FROM DUTY

COMPENSATION AND BENEFITS: LEAVES AND ABSENCES. The following guidelines will apply when employees are absent from duty: ABSENCE FROM DUTY COMPENSATION AND BENEFITS: LEAVES AND ABSENCES DEC (R) ABSENCE FROM DUTY The following guidelines will apply when employees are absent from duty: 1. An employee who wishes to use personal leave for discretionary

More information

NEBRASKA WESLEYAN UNIVERSITY NONEXEMPT PART-TIME 9 MONTH EMPLOYEE [Under 1000 hours per year]

NEBRASKA WESLEYAN UNIVERSITY NONEXEMPT PART-TIME 9 MONTH EMPLOYEE [Under 1000 hours per year] NEBRASKA WESLEYAN UNIVERSITY NONEXEMPT PART-TIME 9 MONTH EMPLOYEE [Under 1000 hours per year] The University administration reserves the right to change any of these benefits during employment. All staff

More information

Paying Overtime Under the FLSA: Part 1. Presented on Wednesday, April 5, 2017

Paying Overtime Under the FLSA: Part 1. Presented on Wednesday, April 5, 2017 Paying Overtime Under the FLSA: Part 1 Presented on Wednesday, April 5, 2017 HOUSEKEEPING Credit Questions Topic Speaker HOUSEKEEPING Certificates delivered by email no later than 5/05/2017 Be watching

More information

Employer Record Retention Requirements

Employer Record Retention Requirements Provided by A Plus Benefits Employer Record Retention Requirements Federal laws, such as the Federal Insurance Contributions Act (FICA), the Fair Labor Standards Act (FLSA) and the Equal Pay Act (EPA),

More information

Type of Pay Hours Rate Amount. Regular Pay 40 $8.00 per hour = $ $12.00 per hour. Gross Pay $368.00

Type of Pay Hours Rate Amount. Regular Pay 40 $8.00 per hour = $ $12.00 per hour. Gross Pay $368.00 Chapter 6 Understanding Pay and Benefits Gross Pay, Deductions, and Net Pay Gross pay is the amount you earn before any deductions are subtracted. Amounts subtracted from your gross pay are called. When

More information

BOSTON COLLEGE MASSACHUSETTS EARNED SICK TIME LAW QUESTIONS AND ANSWERS

BOSTON COLLEGE MASSACHUSETTS EARNED SICK TIME LAW QUESTIONS AND ANSWERS BOSTON COLLEGE MASSACHUSETTS EARNED SICK TIME LAW QUESTIONS AND ANSWERS 1. What does the law provide? Effective July 1, 2015, the law provides that essentially all employees in Massachusetts earn a certain

More information

I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA

I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA Eureka! Session Objectives Presentation Title (24 point Calibri; color = white) Understand California employment law differences

More information

AMERICAN LIBRARY ASSOCIATION PERSONNEL POLICY MANUAL. Item Number: 202 Page 1 of 12. COMPENSATION POLICY Issued 09/01/02

AMERICAN LIBRARY ASSOCIATION PERSONNEL POLICY MANUAL. Item Number: 202 Page 1 of 12. COMPENSATION POLICY Issued 09/01/02 Item Number: 202 Page 1 of 12 I. COMPENSATION POLICY It is the policy of the American Library Association ( ALA ) to provide a competitive total compensation package to all employees based on their level

More information

TOP 1O FLSA MISTAKES

TOP 1O FLSA MISTAKES TOP 1O FLSA MISTAKES By Lori K. Mans and Ellen Kearns of Constangy, Brooks, Smith & Prophete, LLP AVOID THESE TOP 10 MISTAKES TO STAY IN COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT. Lawsuits under the

More information

Law Firms as Model Employers. A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond

Law Firms as Model Employers. A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond Law Firms as Model Employers A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond by T. Jeff Wray Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010-3095 Telephone:

More information

This Webcast Will Begin Shortly

This Webcast Will Begin Shortly This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! The Risks of Employee Misclassification

More information

APPENDIX XII. Employment Contract

APPENDIX XII. Employment Contract Employment Contract This Contract of Employment shall be effective as of (Insert date). Between The Employer: (Parish Name), a parish of the The Roman Catholic Episcopal Corporation For The Diocese of

More information

WHEREAS many employers choose to employ workers on a part-time basis to avoid providing health insurance and other important job-related benefits; and

WHEREAS many employers choose to employ workers on a part-time basis to avoid providing health insurance and other important job-related benefits; and AN INITIATIVE ORDINANCE OF THE CITY OF SAN JOSE AMENDING TITLE 4 OF THE SAN JOSE MUNICIPAL CODE TO REQUIRE EMPLOYERS TO OFFER HOURS OF WORK TO EXISTING QUALIFIED PART-TIME EMPLOYEES BEFORE HIRING NEW STAFF

More information

Fair Labor Standards Act (FLSA)

Fair Labor Standards Act (FLSA) Fair Labor Standards Act (FLSA) Overtime Law 2016 Mandated by Presidential Executive Order and DOL Law Change (Section 7) Guide for Implementation at Troy University PLEASE NOTE: The policies and forms

More information

Paying Overtime under the FLSA Part 1: The Rules and Regulations of Overtime under the FLSA Part 1

Paying Overtime under the FLSA Part 1: The Rules and Regulations of Overtime under the FLSA Part 1 Paying Overtime under the FLSA Part 1: The Rules and Regulations of Overtime under the FLSA Part 1 Presented on Wednesday, August 31, 2016 1 2 Housekeeping 3 Credit Questions Today s topic Speaker To earn

More information

Department of Labor Finalizes New Overtime Regulations

Department of Labor Finalizes New Overtime Regulations Department of Labor Finalizes New Overtime Regulations DOL Substantially Raises Salary Thresholds Used in Determining Overtime Exemptions but Does Not Change Regulations Defining Duties Required of Exempt

More information

THE 2016 OVERTIME RULES: How to Comply

THE 2016 OVERTIME RULES: How to Comply How to Comply THE 2016 OVERTIME RULES: How to Comply Author Anniken Davenport, Esq. Editor Robert Lentz Managing Editor Pat DiDomenico Associate Publisher Adam Goldstein Publisher Phillip A. Ash 2016 Business

More information

WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS

WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS By: Nancy Bertrando NBertrando@GreenbergGlusker.com (310) 201-7483 I. MINIMUM WAGE UPDATE A. Federal and State Requirements The current federal

More information

Montgomery I.S.D Payroll Procedures Manual

Montgomery I.S.D Payroll Procedures Manual Montgomery I.S.D. 2016-2017 Payroll Procedures Manual Table of Contents SECTION A GENERAL INFORMATION 01. INTRODUCTION... 2 02. LOCATION........ 2 03. PAYROLL CONTACT INFORMATION... 2 04. PAY DATES...

More information

Administrative Faculty Job Evaluation Model

Administrative Faculty Job Evaluation Model Administrative Faculty Job Evaluation Model Implemented December 1, 2016; Revisions Effective October 1, 2017 INTRODUCTION CONTENTS MODEL 1 JOB FAMILIES 2 MINIMUM REQUIREMENTS 4 POSITION TITLES 5 POLICIES

More information

The DOL s Final White-Collar Exemption Regulations

The DOL s Final White-Collar Exemption Regulations The DOL s Final White-Collar Exemption Regulations Presented for CEDIA Members October 13, 2016 Tami A. Earnhart ICE MILLER LLP tami.earnhart@ (317) 236-2235 Ice Miller LLP 2016. This presentation is not

More information

Frequently Asked Questions about FLSA-Required Changes

Frequently Asked Questions about FLSA-Required Changes Frequently Asked Questions about FLSA-Required Changes WHAT IS THE FLSA? FLSA is the acronym for the Fair Labor Standards Act. Originally adopted in 1938, this federal law articulates the government s

More information

Navigating Wage & Hour Regulations

Navigating Wage & Hour Regulations Navigating Wage & Hour Regulations TUESDAY, NOVEMBER 3, 2015 10:00 11:00 AM CST WEDNESDAY, NOVEMBER 4, 2015 1:30 2:30 PM CST OFFICE FOR HUMAN RESOURCES DIOCESE OF SPRINGFIELD IN ILLINOIS Information in

More information

Alabama Community and Technical Colleges Schedule A Presidents

Alabama Community and Technical Colleges Schedule A Presidents Schedule A Presidents 2007-2008 Page 1 of 11 0 1 2 3 4 5 6 8 10 15 20 25 27 119,062 120,983 122,903 124,824 126,745 128,665 130,586 132,507 134,427 140,189 145,951 151,713 153,634 1. Initial placement

More information

Pay, Benefits, and Working Conditions

Pay, Benefits, and Working Conditions Chapter 6 Pay, Benefits, and Working Conditions 6.1 Understanding Pay and Benefits 6.2 Work Schedules and Unions 2010 South-Western, Cengage Learning Lesson 6.1 Understanding Pay and Benefits GOALS Compute

More information

Policy on Leaves of. I. Purpose and Scope. The policy does not address workers compensation. This University offers the following Leaves of Absence:

Policy on Leaves of. I. Purpose and Scope. The policy does not address workers compensation. This University offers the following Leaves of Absence: HUMAN RESOURCES Effective Date: April 2, 2014 Date Revised: July 1, 2017 Supersedes: N/A Related Policies: Policy on Leaves of Absence (CA) Responsible Office/Department: Human Resources Management Keywords:

More information

January 13, Alternative Work Schedule Assignments

January 13, Alternative Work Schedule Assignments Alternative Work Schedule Assignments How Will This Work In an attempt to provide managers with a series of tools to help them during these tough financial times, we are pleased to offer these work schedule

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IDAHO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

Louisiana Society for Human Resource Management

Louisiana Society for Human Resource Management Louisiana Society for Human Resource Management 2017 Regular Session Bills of Interest The following are summaries of bills pending before the Louisiana Legislature during the 2017 Regular Session, and

More information

Policy on Paid Time Off

Policy on Paid Time Off HUMAN RESOURCES Effective Date: April 2, 2014 Date Revised: October 1, 2016 Supersedes: Related Policies: Policy on Leaves of Absence Policy on Timekeeping and Reporting Responsible Office/Department:

More information

DIFFERENCES BETWEEN AFSCME CONTRACT AND FLSA REGULATIONS - NON-EXEMPT EMPLOYEES

DIFFERENCES BETWEEN AFSCME CONTRACT AND FLSA REGULATIONS - NON-EXEMPT EMPLOYEES DIFFERENCES BETWEEN AFSCME CONTRACT AND REGULATIONS - NON-EXEMPT EMPLOYEES AFSCME GENERAL CONCEPTS Definition of Overtime Definition of Hours Worked For both full & part-time employees, hours worked over

More information

Reduce Financial Liability by Complying with Wage-Hour Regulations

Reduce Financial Liability by Complying with Wage-Hour Regulations Private Duty Conference April 8, 2011 Osage Beach, Missouri Reduce Financial Liability by Complying with Wage-Hour Regulations Conducted by Bill Ford P.O. Box 1848 Bristol, Tennessee 37621 (423) 764-4127

More information

MINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017)

MINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017) INDUSTRIAL COMMISSION OF ARIZONA 800 W WASHINGTON STREET PHOENIX, ARIZONA 85007 (602) 542-4661 DISCLAIMER: This is an unofficial publication of the Industrial Commission of Arizona. All information provided

More information

Class Action Trends 9/18/ Locations Nationwide* *Jackson Lewis P.C. is also affiliated with a Hawaii-based firm.

Class Action Trends 9/18/ Locations Nationwide* *Jackson Lewis P.C. is also affiliated with a Hawaii-based firm. Class Action Trends Nathan W. Austin Jackson Lewis P.C. Sacramento austinn@jacksonlewis.com 916-341-0404 2017 Jackson Lewis P.C. About the Firm Represents management exclusively in every aspect of employment,

More information

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES PURPOSE: To provide information and direction to employees regarding human resources and payroll processes and procedures and to ensure efficiency

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IOWA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

UC Davis Career Tracks

UC Davis Career Tracks UC Davis Career Tracks Manager/Supervisor Toolkit A resource for discussing Career Tracks placement with employees November 2017 Background Career Tracks is a replacement classification system Not a salary

More information

The Fair Labor Standards Act. A Public Sector Compliance Guide

The Fair Labor Standards Act. A Public Sector Compliance Guide The Fair Labor Standards Act A Public Sector Compliance Guide Section 1 OVERVIEW OF THE FAIR LABOR STANDARDS ACT A. INTRODUCTION AND SUMMARY OF REQUIREMENTS...1 1. Minimum Wage...1 2. Overtime Compensation...1

More information

START UPS AND EMPLOYMENT LAW RISKS. ROBERT PHANSALKER, Esq. Outten & Golden New York, NY

START UPS AND EMPLOYMENT LAW RISKS. ROBERT PHANSALKER, Esq. Outten & Golden New York, NY START UPS AND EMPLOYMENT LAW RISKS by ROBERT PHANSALKER, Esq. Outten & Golden New York, NY 119 120 NYSBA Start-Ups and Employment Law Risks New York, New York November 18, 2016 Robert Phansalkar Common

More information

CTAS e-li. Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay

CTAS e-li. Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library

More information

Welcome to Employee and Labor Relations New Employee Orientation!

Welcome to Employee and Labor Relations New Employee Orientation! Welcome to Employee and Labor Relations New Employee Orientation! 1 The Employee & Labor Relations group, or ELR, is committed to promoting a cohesive, effective and high performing workplace. ELR provides

More information

The university shall pay employees on a scheduled basis for work performed as

The university shall pay employees on a scheduled basis for work performed as Name of Policy: Payroll Policy Number: 3364-40-09 Approving Officer: Executive Vice President of Finance and Administration / CFO Responsible Agent: Controller Scope: All University of Toledo Campuses

More information

U.S. Department of Labor

U.S. Department of Labor U.S. Department of Labor Employment Standards Administration Wage and Hour Division Employment Standards Administration Wage and Hour Division FMLA Compliant Guide The Family and Medical Leave Act The

More information

Document Revised 2015 CCC HOURS OF WORK AND VACATION POLICY

Document Revised 2015 CCC HOURS OF WORK AND VACATION POLICY Document 2.7.3 Revised 2015 Preamble CCC HOURS OF WORK AND VACATION POLICY 1. The employees of Cross-Country Ski de fond Canada (CCC) are valued assets. Their productivity is critical to the achievement

More information

Montgomery I.S.D Payroll Procedures Manual

Montgomery I.S.D Payroll Procedures Manual Montgomery I.S.D. 2017-2018 Payroll Procedures Manual Table of Contents SECTION A GENERAL INFORMATION 01. INTRODUCTION... 2 02. LOCATION........ 2 03. PAYROLL CONTACT INFORMATION... 2 04. PAY DATES & PAYROLL

More information

Kootenai County Bar Association CLE Lunch Presentation Employment and Labor Law Updates and Trends November 5, :30-1:00 p.m.

Kootenai County Bar Association CLE Lunch Presentation Employment and Labor Law Updates and Trends November 5, :30-1:00 p.m. Kootenai County Bar Association CLE Lunch Presentation Employment and Labor Law Updates and Trends November 5, 2012 12:30-1:00 p.m. Presented by: Scott A. Gingras Winston & Cashatt, Lawyers sag@winstoncashatt.com

More information