Special Series on Managing the Challenging Employee
|
|
- Dayna Fowler
- 6 years ago
- Views:
Transcription
1 Special Series on Managing the Challenging Employee Polsinelli PC s Labor and Employment practice group has embarked on a year-long journey with human resource professionals and in-house legal counsel throughout 2016 with its fivepart webinar series, The Ruby Files: Managing the Challenging Employee. Panels made up of the practice group s lawyers engage in discussions with webinar participants, as the webinar series follows Ruby, a fictional employee whose workplace behavior confounds a succession of employers, based on scenarios ripped from the headlines involving various industries, including health care, financial services, and technology. The series, which includes audio clips of Ruby interacting with management and human resources professionals, as well as government investigators, explores challenging situations including: Ruby s reentrance into the workforce at a hospital in a supervisory role and a Department of Labor investigation she initiates when she complains about her exempt status; Ruby s posts on social media about her medical condition and subsequent termination for performance issues; Ruby s misrepresentation about her work history, her flirtatious behavior with a supervisor that results in sexual harassment claims, as well as her failure of an aptitude test that results in her claiming it disparately, and improperly, impacts people over age 40; Ruby s move to a technology company where, after a short stint, she leaves and takes proprietary information with her; and Ruby s move to a new company, her life-altering decision, and its impact on workplace issues such as her fight for bathroom equality. 1 This Employment Relations Today series will follow Polsinelli s webinar series, and the everchallenging Ruby. Each article will focus on the general and legal background to the topics presented by Ruby s actions and include suggestions on how HR managers might navigate through the hot-button issues raised Wiley Periodicals, Inc. Published online in Wiley Online Library (wileyonlinelibrary.com). DOI /ert
2 The Ruby Files: Part 1 Exempt or Nonexempt and the DOL Audit Emma R. Schuering The first installment of The Ruby Files series introduces fictional Ruby and her reentry into the workforce as a unit supervisor at a hospital, with an exploration of her exempt versus nonexempt status under the Fair Labor Standards Act (FLSA). The Polsinelli panel was moderated by Eric Packel and included Robert J. Hingula (Kansas City), Teeka Harrison (Atlanta), and Joan Killgore (St. Louis). Panel members initially explored the importance of concise, accurate, and specific employee job descriptions, including defined essential versus nonessential functions and minimum requirements. For example, defining an employment position s essential and nonessential job functions may critically affect the employer s obligations to provide reasonable accommodations (and potential liability risk for not doing so) under the Americans with Disabilities Act (ADA) to qualified employees with a disability. The importance of well-defined employee job descriptions may be well known, but the importance cannot be overstated. Proactive employers should focus on developing specific descriptions that accurately reflect an employee s actual job duties and requirements. The job description may then become a useful tool for both an employee and employer to address everyday workrelated questions and provide guidance concerning any potential accommodations. A well-defined job description may also provide support for an employer claiming that an employee is exempt from the FLSA minimum wage and overtime requirements and, ultimately, prove useful to defend the employer s actions. Proactive employers should focus on developing specific descriptions that accurately reflect an employee s actual job duties and requirements. THE FLSA AND EXEMPT VS. NONEXEMPT EMPLOYEES Generally, the FLSA requires most employees in the United States be paid at least the federal minimum wage rate, currently $7.25 per hour (though some states and cities require higher minimum wage rates) for all time worked and overtime pay for all time worked over 40 hours in a workweek. To qualify as exempt from the FLSA minimum wage and overtime requirements, an employee must meet certain tests regarding his or her job duties. Of critical importance, neither job titles nor any understanding between an employee and the employer determines exempt or nonexempt status under the FLSA. Rather, the FLSA provides six specific exemptions, the so-called white-collar exemptions, for executive, administrative, professional, computer, outside sales, and highly compensated employees. The Ruby 26 Emma R. Schuering
3 Summer 2016 Files panel focused on the FLSA s executive and administrative employee exemptions. To be considered exempt from the FLSA s minimum wage and overtime requirements as an executive, an employee s job position must meet the following criteria: An employee must be compensated at a salary of not less than $455 per week; An employee s primary duty (the principal, main, major, or most important duty the employee performs, as a whole) must be managing the employer s enterprise or a customarily recognized department or subdivision of the enterprise; An employee must customarily and regularly (greater than occasional but less than constant, and including work normally performed every workweek, but not isolated tasks) direct the work of at least two or more other full-time employees or their equivalent; and An employee must have the authority to hire or fire other employees, or the employee s suggestions and recommendations as to the hiring, firing, advancement, and promotion of other employees must be given particular weight. 2 To be considered exempt from the FLSA s minimum wage and overtime requirements as an administrative employee, an employee s job position must meet the following criteria: An employee must be compensated at a salary of not less than $455 per week; An employee s primary duty must be the performance of office or nonmanual work directly related to the management or general business operations of the employer (the employee s work must assist with the running or servicing of the business, as distinguished from, for example, working in retail sales); and An employee s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. 3 Regarding the FLSA s professional exemption, an employee s job position must meet the following criteria: An employee must be compensated at a salary of not less than $455 per week; An employee s primary duty must be the performance of work requiring advanced knowledge, defined as work that is predominantly intellectual in character and includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning (such as law, medicine, theology, accounting, actuarial computation, engineering, etc., that have a recognized professional status and are distinguishable from the mechanical arts or skilled trade, where the requisite knowledge could be of a fairly advanced type); and The advanced knowledge must customarily be acquired by a prolonged course of specialized intellectual instruction. 4 Highly compensated employees, or employees who are paid an annual salary of more than $100,000, are exempt if (1) the employee s primary duty includes performing office or nonmanual work, and (2) the employee customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative, or professional employee. 5 The Ruby Files: Part 1 Exempt or Nonexempt and the DOL Audit 27
4 Employment Relations Today Employees in computer-related occupations may be exempt under the FLSA where the following criteria are met: An employee must be compensated either on a salary or fee basis at a rate not less than $455 per week, or not less than $27.63 per hour; and An employee must be employed as a computer system analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field performing the following duties: The application of systems-analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications; The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system-design specifications; The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or A combination of the above-mentioned duties, the performance of which requires the same level of skills. 6 The exemption specifically excludes employees engaged in the manufacture or repair of computer hardware and related equipment. Employees engaged in outside sales are also exempt under the FLSA if (1) the employee s primary duty is making sales or obtaining orders or contracts for services or the use of facilities for which a consideration will be paid; and (2) the employee is customarily and regularly engaged away from the employer s place of business, such as for door-to-door sales. 7 A few webinar participants raised questions about, alternatively, inside salespeople. Generally, inside sales employees are not exempt, but one limited overtime exemption exists for employees paid commissions by retail and service establishments. Retail and service establishments are defined as establishments for which 75 percent of their annual dollar volume of sales of goods or services is not for resale and not recognized as retail sales or services in the particular industry. Specifically, the following requirements must be met for the exemption to apply: (1) the employee must be employed by a retail or service establishment; (2) the employee s regular rate of pay must exceed one-and-onehalf times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked; and (3) more than half the employee s total earnings in a representative period must consist of commissions. 8 Generally, inside sales employees are not exempt, but one limited overtime exemption exists for employees paid commissions by retail and service establishments. As many employers are aware, and as reviewed by the panel in discussing Ruby, the Department of Labor (DOL) proposed new FLSA rules in mid-2015 to increase the salary requirements for the white-collar exemptions from $455 per week to $970 per week. The DOL reportedly based its proposed increased minimum-salary requirement off the 40th percentile of weekly earnings as reported by the Bureau of Labor Statistics. 28 Emma R. Schuering
5 Summer 2016 By the close of the required comment period on the proposed changes in September 2015, the DOL had received more than 250,000 comments from employee and employer advocates alike. One contentious issue raised to the DOL through the comments process, as noted by the panel, is a disparate impact of the proposed minimum required salary increase depending on differing geographic locations of similarly situated employers. When, and if, the proposed changes go into effect, likely in late 2016 according to the panel (based on reported DOL projections), employers will be forced to carefully evaluate which employees are exempt and possibly make changes in employee salaries and substantial adjustments to job descriptions. A compliance grace period after implementation of the changes, if any, will likely be short, making it imperative for employers to remain abreast of the status of the proposed changes. RUBY S JOB DESCRIPTION Ruby s employer, a hospital, maintains a unit supervisor job description, which specifically requires Ruby to participate in decision making. The description also describes Ruby s essential job functions, for ADA purposes, such as Demonstrating competence in critical thinking, interpersonal relationships, and technical skills; Supervising efficient, economic, and competent performance of the unit; and Assisting in the development of the clinic goals and objectives in collaboration with the unit manager. Conversely, Ruby s job description defines her nonessential functions to include other duties assigned by the executive director. The minimum requirements for Ruby s position include a high school diploma, a bachelor s degree in nursing, and three to five years of nursing experience, specifically defining relevant skills and experience in the nursing field. The job description also defines minimum physical, mental, and vision requirements. RUBY FILES A DOL COMPLAINT Despite her job description requirements, after beginning her employment, Ruby quickly begins spending more of her work time performing floor duties, menial work as she describes it, and less of her work time supervising other employees. Ruby engages in a telephone call with her friend Rachel in which Ruby complains about the nonsupervisory tasks she regularly performs, requiring her to work, in her estimate, 50 total hours per week without being paid any overtime. Ruby says she is unhappy, and Rachel encourages Ruby (as friends and family of real employees often do) to file a complaint with the DOL. Ruby s job description, on its face, indicates she would likely qualify for the FLSA executive exemption. However, if Ruby s description of the tasks that occupy her actual working time is true, then the facts on the ground may not support the hospital successfully claiming she is exempt from the FLSA overtime requirements as an executive employee, and it may owe her back pay for the time worked over 40 hours per workweek. If Ruby truly does not regularly perform managerial work, it is not her primary duty. As the panel noted, the job description for Ruby s job may not accurately reflect her actual job duties, and the hospital may have difficulty establishing that Ruby is The Ruby Files: Part 1 Exempt or Nonexempt and the DOL Audit 29
6 Employment Relations Today managing, as required to qualify Ruby s position for this particular exemption. As the panel noted, the job description for Ruby s job may not accurately reflect her actual job duties, and the hospital may have difficulty establishing that Ruby is managing, as required to qualify Ruby s position for this particular exemption. Alternatively, the panel noted that the FLSA administrative exemption may provide the answer for the hospital to exempt Ruby from the FLSA s overtime requirements. Matters of significance, as required by this exemption, depend greatly on the employer and refer to the level and importance of the work performed by the employee. With respect to Ruby s job position, any FLSA inquiry regarding the administrative exemption would turn on whether (1) she uses her discretion in performing her day-today work tasks, in addition to her managerial work, and (2) these tasks are directly related to the hospital s management or business operations. More broadly, the panel reviewed micromanagers and go-getters, such as Ruby, and how these employees can make the application of FLSA exemptions challenging for employers like the hospital. Employers value such employees for their willingness to jump in and perform tasks beyond the scope of their responsibilities when they see tasks falling uncompleted. However, an employee s choice to perform tasks not otherwise required by his or her job description is irrelevant to the legal analysis. Effectively, the DOL, when examining applicability of FLSA exemptions to employees, could penalize an employer for its employees willingness to go above and beyond their required job duties. Thus, the webinar panel noted, it is imperative for an employer, like the hospital, to keep its finger on the pulse of its operations on the ground, know what tasks are being performed by which employees, such as Ruby, and reevaluate and potentially restaff accordingly. Accurate job descriptions, and adhering to them, are critical to the success of this process. Back to Ruby. Ruby becomes so disaffected with her salary and job that she contacts the DOL and complains to a DOL wage-hour investigator concerning her work at the hospital. Ruby tells the investigator she works 80 total hours per week and suggests she is unable to take time off work for her in-vitro procedure appointments because she does not have enough paid time off under the hospital s PTO policy. 9 Ruby offers to provide the investigator a thumb drive containing relevant documents. RUBY S COMPLAINT LEADS TO A DOL AUDIT Based on Ruby s complaint, the DOL begins a wage-hour audit. The DOL investigator next sends a letter to the hospital setting an appointment to investigate Ruby s complaint. The letter details extensive information and documentation the DOL investigator expects the hospital to collect and make available for inspection. The DOL investigator, following the agency s procedure, does not provide the hospital information about Ruby or the basis for her complaint. The webinar panel noted that the DOL investigator s letter was modeled from a real-world DOL notice of complaint and audit. The panel reminded webinar participants that any employer receiving a DOL notice should first consider contacting outside legal counsel, collect the requested 30 Emma R. Schuering
7 Summer 2016 documents, and analyze the perceived impetus for the announced investigation to be as prepared as possible for the coming DOL wage-hour audit. During a wage-hour audit, a DOL investigator can interview witnesses, review records, and conduct site visits to an employer s workplace. Any employer receiving a DOL notice should first consider contacting outside legal counsel, collect the requested documents, and analyze the perceived impetus for the announced investigation to be as prepared as possible for the coming DOL wage-hour audit. Returning to Ruby s complaint and the DOL audit, once on-site at the hospital, the DOL investigator begins reviewing payroll and other requested records and notices a lunch deduction from one employee s wages, and a separate witness interviewed by the investigator mentions being deprived of FMLA leave. Both fall beyond the strict scope of Ruby s complaint, but well within the DOL s jurisdiction. POSSIBLE IMPACTS OF NEGATIVE DOL WAGE-HOUR AUDITS The webinar panel noted that the DOL investigator can expand the scope of a wage-hour audit beyond the subject of the original complaint as the audit progresses and evaluate the employer s compliance with laws other than the FLSA, including the Family Medical Leave Act (FMLA) and the Employment Retirement Income Security Act of 1974 (ERISA), for any employee in any position. Because a DOL wage-hour audit can extend beyond the scope of a specific complaint, an employer should ensure all proper procedures and policies are in place and are being followed, and, if not, have a reasonable explanation for its practices and a plan of action (potentially already in motion) to take corrective action as necessary, depending on the direction the DOL s audit takes. After completing its audit of an employer s wage-hour practices, the DOL may determine an employer has improperly classified an employee as exempt under the FLSA when the employee should have been treated as nonexempt and determine the employer is liable to any affected employee for back pay for unpaid overtime for up to two years (three years if the violation is deemed willful). Should the DOL, or the individual, proceed to litigate against the employer based on the DOL s investigation findings, an employer could be found additionally liable for the employee s attorneys fees and costs, as well as civil penalties to the DOL of up to $1,000 for repeated or willful violations. An employer found to be in violation of the FLSA could be subjected to an injunction regarding payroll practices in lawsuits brought by the DOL. Additionally, aggravated FLSA violations can result in criminal prosecution in which first offenders could be subjected to fines up to $10,000, and second offenders could be subjected to fines and possible prison terms of up to six months. An employer found to be in violation of the FLSA could be subjected to an injunction regarding payroll practices in lawsuits brought by the DOL. Once the DOL announces its audit findings, employers commonly pose questions about settlement. Discussions The Ruby Files: Part 1 Exempt or Nonexempt and the DOL Audit 31
8 Employment Relations Today developed during this webinar installment noted that settlement of a DOL wage-hour complaint similar to Ruby s is always an option available to an employer subjected to a DOL wage-hour audit. A settlement may include back pay or reclassification of certain employees. The panel noted if the hospital does not settle after attempting negotiations, it must accept the DOL s findings and potentially defend a lawsuit, which could be challenging, given the extensive discovery mechanisms into the employer s payroll and employment practices available to the DOL. Following discussions with webinar participants of possible negative DOL wagehour audit outcomes, the panel wrapped up the details of Ruby s DOL complaint, and the resulting DOL audit, leaving Ruby to continue her employment at the hospital, where she continues to complain about her job, only now complaining about her job on social media. Ruby s story will continue in the second installment of this series in the next issue of Employment Relations Today. NOTES 1. For more information on The Ruby Files: Managing the Challenging Employee webinar series, visit polsinelli.com/newsevents/press-release-ruby-webinars 2. US Department of Labor, Wage & Hour Division, Fact Sheet #17B: Exemption for Executive Employees under the Fair Labor Standards Act (FLSA), available at dol.gov/whd/overtime/fs17b_executive.pdf 3. US Department of Labor, Wage & Hour Division, Fact Sheet #17C: Exemption for Administrative Employees under the Fair Labor Standards Act (FLSA), available at 4. US Department of Labor, Wage & Hour Division, Fact Sheet #17D: Exemption for Professional Employees under the Fair Labor Standards Act (FLSA), available at pdf 5. US Department of Labor, Wage & Hour Division, Fact Sheet #17H: Exemption for Highly-Compensated Workers and the Part 541-Exemption under the Fair Labor Standards Act (FLSA), available at whd/overtime/fs17h_highly_comp.pdf 6. US Department of Labor, Wage & Hour Division, Fact Sheet #17E: Exemption for Employees in Computer- Related Occupations under the Fair Labor Standards Act (FLSA), available at fs17e_computer.pdf 7. US Department of Labor, Wage & Hour Division, Fact Sheet #17 F: Exemption for Outside Sales Employees under the Fair Labor Standards Act (FLSA), available at US Department of Labor, Wage & Hour Division, Fact Sheet #20: Employees Paid Commissions by Retail Establishments Who Are Exempt under Section 7(i) from Overtime under FLSA, available at whd/regs/compliance/whdfs20.pdf 9. This is an ongoing hot topic for employers, as discussed during this webinar installment. Whether Ruby is entitled to leave under the Family and Medical Leave Act (FMLA) for in-vitro procedure appointments will depend on the specific circumstances surrounding her treatments (such as whether Ruby suffers from a serious health condition under the FMLA for which she requires inpatient care or continuing treatment). The FMLA empowers the DOL to investigate FMLA complaints, such as the complaint voiced by Ruby to the investigator. An employer might additionally be required to provide reasonable accommodations under the ADA if Ruby is medically diagnosed with a physical condition requiring in-vitro procedures that is further considered a disability under the Act. 32 Emma R. Schuering
9 Summer 2016 Emma R. Schuering is an associate attorney in the Kansas City, Missouri, office of Polsinelli, PC ( ), where she practices nationwide, in federal and state courts and before administrative agencies, in the areas of management-side labor and employment law, commercial litigation, and appellate practice. She may be contacted via at eschuering@polsinelli.com. The Ruby Files: Part 1 Exempt or Nonexempt and the DOL Audit 33
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 informationEXEMPT 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 informationSUMMARY 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 informationThe 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 informationCITY 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 informationManaging 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 informationFLSA: 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 informationNew Reality for Exempt Employees
New Reality for Exempt Employees Pittsburgh Employment Law Conference Amanda MacDonald Carly Osadetz (412) 394-2507 (313) 965-8464 amacdonald@ cosadetz@ October 15, 2015 TOPICS TO BE COVERED Current Department
More informationFAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by:
FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by: Sandi P. Tarski starski@wabsa.c om 512-454-6864 Alexander S. Berk aberk@wabsa.c om 214-574-8800 1 FLSA BASICS
More informationEXECUTIVE 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 informationFLSA 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 informationWage 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 informationFederal 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 informationAdministrative Exemption
Federal Guidelines Administrative Exemption To qualify for the administrative employee exemption, all of the following tests must be met: - The employee must be compensated on a salary or fee basis (as
More informationFair 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 informationUNDERSTANDING 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 informationThe 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 informationNEW 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 informationNEW 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 informationFLSA 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 information2014 Brigham Young University Idaho Brigham Young University Idaho
2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2 Overview Northwestern University Football
More informationPaying Salespeople: Commission, Overtime, and Minimum Wage Concerns. Bryan P. Cavanaugh. The Cavanaugh Law Firm October 12, 2017
+ Paying Salespeople: Commission, Overtime, and Minimum Wage Concerns Bryan P. Cavanaugh The Cavanaugh Law Firm October 12, 2017 + Is the salesperson exempt? The Outside Sales Exemption What does outside
More informationNew 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 informationPolicy 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 informationTime 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 informationDEPARTMENT 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 informationINSTANT EXECUTIVE BRIEFING. FLSA Self-Audit: Exempt vs. Nonexempt. Compensation & Benefits SPECIALIST BLSA
INSTANT EXECUTIVE BRIEFING FLSA Self-Audit: Exempt vs. Nonexempt HR SPECIALIST Compensation & Benefits BLSA Contents DOL stops issuing opinion letters...................... 2 Audit: Test your compliance...........................
More informationTo 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 informationATTACHMENT 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 informationGuide 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 information10/9/2015 WAGE & HOUR ISSUES: FLSA, COACHES AND CASTLE ROCK FLSA AND STATE LAW FAIR LABOR STANDARDS ACT & MINIMUM WAGE ACT
WAGE & HOUR ISSUES: FLSA, COACHES AND CASTLE ROCK Tracy M. Miller School Law Employment & Labor Relations FLSA AND STATE LAW FAIR LABOR STANDARDS ACT & MINIMUM WAGE ACT FLSA federal Establishes minimum
More information2. Does the employee have 2 or more employees reporting to them?
California Exempt vs. n-exempt Test as of 1/1/2016 Executive Exemption: The executive exemption applies to one who is in charge of unit or department within a company, and who ordinarily supervises the
More informationImplementing Overtime Rule Changes. Presented by: Assistant Attorney General Daniel Knox Faulkner
Implementing Overtime Rule Changes Presented by: Assistant Attorney General Daniel Knox Faulkner General Rule/Overtime Pay Non-exempt employees must receive overtime pay at a rate of not less than 1 ½
More informationPreferred Education, Experience or Other Qualifications
KITSAP COUNTY invites applications for the position of: HUMAN RESOURCES ANALYST SALARY: $27.32 - $34.87 Hourly $56,825.60 - $72,529.60 Annually OPENING DATE: 06/08/15 CLOSING DATE: 07/17/15 11:00 PM GENERAL
More informationPart II: California Exempt Classification The Administrative Exemption
Part II: California Exempt Classification The Administrative Exemption NUTS AND BOLTS OF CALIFORNIA S MOST MISUNDERSTOOD EXEMPT CLASS Revisiting Part I In Part I of this series, we introduced you to the
More informationModel Job Descriptions for an Overtime-Exempt Account Manager & an Overtime-Exempt Recruiter
Model Job Descriptions for an Overtime-Exempt Account Manager & an Overtime-Exempt Recruiter Prepared by: William S. Josey, Esq. William S. Josey, LLC willisj@aol.com 813-390-6045 Commissioned by: Mark
More informationTHE 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 informationLaw 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 informationPHRca Exam Preparation Final Assignment
Your final assignment is to answer the 60 essay questions below. You have unlimited time to complete the assignment as long as it is completed by the last day of class. The assignment is open book. Please
More informationThe 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 informationSmall Business Owners Beware! The FLSA is Changing. $15 per hour, the Department of Labor (DOL) silently proposed changes to its
Small Business Owners Beware! The FLSA is Changing By Philip T. Segura May 18, 2016 While many people were busy debating the need to raise minimum wage to $15 per hour, the Department of Labor (DOL) silently
More informationFLSA 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 informationCalifornia employers are burdened with more wage and hour gotchas than any other
Correcting Wage and Hour Misclassification Errors By Karen L. Gabler, Esq. California employers are burdened with more wage and hour gotchas than any other state. From mandatory meal periods and required
More informationTEXAS ETHICS COMMISSION JOB VACANCY NOTICE
TEXAS ETHICS COMMISSION JOB VACANCY NOTICE Opening Date: April 12, 2017 Closing Date: Until Filled Job Posting Number: 17-06 Work In Texas Posting Number: 7188353 Number of Vacancies: 1 FLSA Status: Exempt
More informationCTAS 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 information2016 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 informationLITTLER 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 informationHuman Resources 101. Audit and Best Practices in Key Areas of HR Function
Human Resources 101 Audit and Best Practices in Key Areas of HR Function What is an HR Audit? Process of examining policies, procedures, documentation, systems and practices with respect to the HR function.
More informationNew 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 informationArizona 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 informationSTART 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 informationLINKS AND RESOURCES OVERTIME PAY. Provided by Sapoznik Insurance FLSA Overtime Pay
Provided by Sapoznik Insurance FLSA Overtime Pay Under the FLSA, there is no limit on the number of hours employees may work in any workweek, but employees must receive one and one-half times their regular
More informationPay Raises or Pay Overtime: The New DOL Salary Level Test
Pay Raises or Pay Overtime: The New DOL Salary Level Test Thomas W. Scroggins Rosen Harwood, P.A. Bank of Tuscaloosa Plaza Suite 200 Tuscaloosa, Alabama 35403 3206 Telephone (205) 344 5000 tscroggins@rosenharwood.com
More informationCHICAGO 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 informationEmployer 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 information2011 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 informationThis 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 informationNew York Meal Period Policy and Acknowledgement Form for Nonexempt Employees
New York Meal Period Policy and Acknowledgement Form for Nonexempt Employees It is Sodexo s policy to comply with all state and local wage and hour laws including those of the State of New York. Therefore,
More informationFair 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 informationGAO. FAIR LABOR STANDARDS ACT White-Collar Exemptions in the Modern Work Place
GAO United States General Accounting Office Report to the Subcommittee on Workforce Protections, Committee on Education and the Workforce, U.S. House of Representatives September 1999 FAIR LABOR STANDARDS
More informationFLSA Changes: Implementation Guide
FLSA Changes: Implementation Guide This guide is the second of a two-part series we have developed to assist you in making changes in order to comply with the new exempt employee minimum salary rule, effective
More informationLabor Law Litigation
Labor Law Litigation Who Will the WHD Target in FY 2013? Summary According to its FY 2013 Congressional Budget Justification, the Department of Labor s Wage and Hour Division has identified priority initiatives
More informationHuman Resources & Risk Manager Class Specification
Human Resources & Risk Manager Class Specification FLSA Designation: Exempt Effective: 03/2004 Revised: 06/2007 DEFINITION Under general direction, to plan, direct, manage, and oversee the activities and
More informationPERSONNEL 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 informationAngelo State University Operating Policy and Procedure
Angelo State University Operating Policy and Procedure OP 52.28: Hours of Work, Overtime, and Compensatory Time DATE: January 23, 2017 PURPOSE: REVIEW: The purpose of this Operating Policy/Procedure (OP)
More informationExemption and Overtime
Exemption and Overtime There are federal and state overtime and minimum wage laws. Because California's laws are more generous, employers and workers should usually focus on California law. Workers performing
More informationThis 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 informationEmployment Law 101: Summary of Common Claims
Employment Law 101: Summary of Common Claims Presented by: Jeff Silence, Esq. (licensed in Arizona) 602 248-1079 jxs@jaburgwilk.com We re proud to offer a full-circle solution to your HR needs. BASIC offers
More informationKootenai 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 informationTHE LAW. Equal Employment Opportunity is
Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private
More informationSTATEMENT OF CHRISTINE V. WALTERS, JD, MAS, SHRM-SCP, SPHR SOLE PROPRIETOR, FIVEL COMPANY SOCIETY FOR HUMAN RESOURCE MANAGEMENT (SHRM)
STATEMENT OF CHRISTINE V. WALTERS, JD, MAS, SHRM-SCP, SPHR SOLE PROPRIETOR, FIVEL COMPANY SOCIETY FOR HUMAN RESOURCE MANAGEMENT (SHRM) SUBMITTED TO U.S. HOUSE COMMITTEE ON EDUCATION AND THE WORKFORCE,
More informationGarfield County Job Description. Assistant County Attorney I, II, III County Attorney s Office
Position Title: Department/Office: Assistant County Attorney I, II, III County Attorney s Office Reports to: County Attorney, Deputy County Attorney Section: N/A Pay Grade: 9 Assistant County Attorney
More informationHUMAN RESOURCE CORE STANDARDS and CHECKLIST
HUMAN RESOURCE CORE STANDARDS and CHECKLIST 1 ND Human Resource System for Local Government Review Process, Standards and Checklist Introduction This checklist is intended to assist local governments in
More informationFamily and Medical Leave Policy (FMLA) Updated August 2016
Family and Medical Leave Policy (FMLA) Updated August 2016 Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the National Defense Authorization Act (NDAA) of 2008
More informationJob Title: Human Resources Director Class: Exempt. Department: Human Resources Range: 18 DOE
Rural Alaska Community Action Program, Inc. Position Opening In and Out of House 03/01/2018 open until filled Location of Job: Anchorage, AK Resume Required with Application (Relocation costs will not
More informationWAGE 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 informationImplementing Equal Employment Opportunity
Implementing Equal Employment Opportunity Chapter 3 McGraw-Hill/Irwin Copyright 2008 by The McGraw-Hill Companies, Inc. All Rights Reserved. Chapter Overview EEOC Compliance Affirmative Action Plans Bona
More informationTOP 10 HR QUESTIONS FROM THE FIRST HALF OF 2014
www.thinkhr.com Through the first half of the year, the ThinkHR Live Hotline team has answered over 25,000 questions from HR professionals at over 70,000 businesses nationwide. We know first-hand what
More informationMidpeninsula Regional Open Space District
Midpeninsula Regional Open Space District HUMAN RESOURCES MANAGER DEFINITION Under general direction, plans, manages, develops, implements and directs the District s human resources services and functions,
More informationLouisiana 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 informationHUMAN RESOURCES DIRECTOR
HUMAN RESOURCES DIRECTOR SALARY RANGE: Based on experience FLSA: Exempt LOCATION: Boston, MA CONTACT: jobs@naca.com BENEFITS: Excellent single/family health, vision and dental PPO, 70% employer contribution
More informationFLSA Changes. Overtime Regulations and How They Affect You
FLSA Changes Overtime Regulations and How They Affect You Fair Labor Standards Act (FLSA) Establishes minimum wage & overtime standards Distinguishes between exempt and nonexempt (overtime eligible) employees
More informationFair 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 informationRVDA HAS YOUR DEALERSHIP BUDGETED FOR WAGE AND HOUR LITIGATION WHO IS/ISN T EXEMPT IN PAY PLANS AND OTHER SCARY STUFF!
RVDA HAS YOUR DEALERSHIP BUDGETED FOR WAGE AND HOUR LITIGATION WHO IS/ISN T EXEMPT IN PAY PLANS AND OTHER SCARY STUFF! Presenter James F. Hendricks, Jr. Partner, Chicago Office Litchfield Cavo, LLP 312-781-6288
More informationFAMILY AND MEDICAL LEAVE POLICY
FAMILY AND MEDICAL LEAVE POLICY Policy It is the policy of Skidmore College to provide its employees time off (paid and unpaid) necessitated by illness or family care in accordance with the federal Family
More informationPublished on US Immigration Lawyer, Law Offices of Rajiv S. Khanna, PC, Rajiv S. Khanna (
Published on US Immigration Lawyer, Law Offices of Rajiv S. Khanna, PC, Rajiv S. Khanna ( http://www.immigration.com) PERM PERM [1] Submitted by admin on Mar 11th 2009 PERM Outline On March 28, 2005, the
More informationQuestions And Answers. Conducting Effective Internal Investigations
Questions And Answers Conducting Effective Internal Investigations Kevin J. Smith and Lindsay R. Colvin Stone Conducting internal investigations in the wake of an employee complaint can be an overwhelming
More informationPhillip B. Russell March 12, 2013
Title Goes Here Phillip B. Russell 5 th Annual SHRM Jacksonville Conference & Expo Renaissance Resort at World Golf Village Jacksonville, FL March 11-12, 2013 Speaker HR Florida s Counsel Member HR Tampa,
More informationTOMPKINS COUNTY CIVIL SERVICE VACANCY Inclusion Through Diversity OPEN TO THE PUBLIC
TOMPKINS COUNTY CIVIL SERVICE VACANCY Inclusion Through Diversity OPEN TO THE PUBLIC Tompkins County Department of Human Resources Office 125 E. Court Street Ithaca, NY 14850 (607) 274-5526 Tompkins County
More informationAFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009
AFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009 JACKSONVILLE STATE UNIVERSITY AFFIRMATIVE ACTION PROGRAM TABLE OF CONTENTS As of March, 2009 Page Number: Title: 1. Title Sheet, Affirmative
More informationNEW FEDERAL OVERTIME RULES. Jennifer G. Redmond, SheppardMullin Brian S. Fong, SheppardMullin
NEW FEDERAL OVERTIME RULES Jennifer G. Redmond, SheppardMullin Brian S. Fong, SheppardMullin October 25, 2016 WEBINAR INFORMATION To ensure good sound quality, all attendees will be muted during the webinar.
More informationThis 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 informationNEW 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 informationThe 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 informationLegal Counsel. Ver Legal Counsel Page: 1
Legal Counsel SALARY RANGE: $70,000 to $90,000+ FLSA: Exempt LOCATION: Boston CONTACT: HR Department: hr@naca.com BENEFITS: Excellent single/family health and dental PPO, 80% employer contribution & 401K.
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR INDIANA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationBringing Employees Back to Work:
Bringing Employees Back to Work: How to Make Your Program Interactive and Compliant with the ADA September 2015 Lockton Companies Proactively evaluating and managing workers compensation and Americans
More informationAngelo 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 informationEEO regulatory and Reporting
EEO regulatory Compliance and Reporting 800-556-3009 www.careertrack.com DISCLAIMER: The principles and suggestions in this handout and the EEO REGULATORY COMPLIANCE AND REPORTING webinar are presented
More information