Exempt vs. Nonexempt:

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Exempt vs. Nonexempt:"

Transcription

1 Exempt vs. Nonexempt: Understanding FLSA s Employee Classification Standards Presented by Don Feltham

2 FLSA» 2013 marked the 75th anniversary of the enactment.» Exempt vs. nonexempt» Twists on the issues» Be mindful of where you re located.» Get advice and guidance for quirky issues.

3 OVERVIEW The FLSA: 1. Established a minimum wage 1938

4 10 STATES With Minimum Wages Linked to Consumer Price Index

5 OVERVIEW The FLSA: 1. Established a minimum wage 2. Made it more expensive for employers to work employees long hours rather than bringing people off the unemployment lines 1938

6 OVERTIME California, Alaska, Nevada, Puerto Rico, and the U.S. Virgin Islands require overtime for work > 8 hours per day.

7 OVERVIEW The FLSA: 1. Established a minimum wage 2. Made it more expensive for employers to work employees long hours rather than bringing people off the unemployment lines Prohibited long working hours for children younger than 18

8 Equal Pay Act 1978

9 1. Interstate motor carrier, airline, and railroad employees 2. Outside buyers of poultry and dairy products 3. Seamen 4. Motor-vehicle dealer sales and service personnel 5. Trailer, boat, or aircraft dealer salespeople not working for a manufacturer 6. Certain local delivery drivers and helpers 7. Agricultural employees 8. Individuals engaged in the initial transportation of fruits and vegetables from a farm 9. Taxi drivers 10. Employees of police and fire departments with fewer than 5 employees 11. Movie-theater employees XEMPTION

10 Certain employees of amusement or recreational establishments located in national parks Bulk or wholesale petroleum distributors Employees receiving literacy training up to 10 hours per week Hospital or nursing-home employees if paid overtime for more than 8 hours per day or 80 hours during a 14-day period Public fire protection personnel may be paid for a consecutive 28-day work period after 212 hours of work. Law enforcement may be paid overtime for a consecutive 28- day work period after 171 hours of work. PARTIAL EXEMPTION

11 Tests Individual coverage

12 Tests Enterprise coverage

13 Changes Made by the 2004 DOL» Elimination of the Long and Short Tests» Updated salary requirements» Elimination of the 20% nonexempt work limitation» Full-day docking for serious disciplinary reasons» Separation of the professional exemption into learned and creative categories» Addition of a highly compensated exemption

14 Categories of Exemption Salary test Primary duties test Managers, directors, executives, officers, etc. 1. Executive

15 Categories of Exemption Salary test Primary duties test 2. Administrative

16 1. Whether the employee has the authority to formulate, affect, interpret, or implement management policies 2. Whether the employee carries out major assignments 3. Whether the employee s work substantially affects business operations 4. Whether the employee has authority to financially commit the employer 5. Whether the employee has authority to waive or deviate from policies 6. Whether the employee has the authority to bind the company Factors to Consider

17 7. Whether the employee provides consultation to management 8. Whether the employee is involved in planning business objectives 9. Whether the employee investigates and resolves matters of significance on behalf of management 10.Whether the employee represents the company in handling complaints Factors to Consider

18 EXEMPT NONEXEMPT GRAY AREA Senior administrative Entry-level clerical administrative

19 Categories of Exemption Salary test Primary duties test 3. Professional (Learned)

20 Categories of Exemption Salary test Primary duties test 3. Professional (Creative)

21 Categories of Exemption Salary test Primary duties test 4. Computer-Related

22 Categories of Exemption Salary test Primary duties test 5. Outside Sales

23 Categories of Exemption Salary test Primary duties test 6. Highly Compensated

24 Compensating Exempt Employees

25 Docking Exempt Employee Pay EXCEPTIONS:» Personal absences» Sickness or disability» Serious disciplinary reasons» Life-threatening safety violations» Commencement of FMLA leave» Joining or leaving the work force midweek

26 Full-week docking is acceptable for:» Jury or subpoenaed witness duty» Military service» Work-site closings resulting from weather or mechanical failures SICK TIME

27 DOL has interpreted employees as working when checking and/or voice mail outside the office.

28 168-hour workweek $7.25 per hour 7 Basic Rules for Nonexempt Employee Classification 1. Minimum wage and overtime requirements

29 7 Basic Rules for Nonexempt Employee Classification 2. Compensatory time off (private sector)

30 It must be voluntary. It must be accrued at timeand-one-half. 240 hours for nonemergency personnel, and 480 hours for emergency personnel Excess paid in cash 7 Basic Rules for Nonexempt Employee Classification 3. Compensatory time off (public sector)

31 7-minute rounding 7 Basic Rules for Nonexempt Employee Classification 4. Rounding starting and stopping times

32 Minimum of $2.13 per hour Minimum of $7.25 per hour including tips 7 Basic Rules for Nonexempt Employee Classification 5. Tip credits

33 7 Basic Rules for Nonexempt Employee Classification 6. Discretionary vs. nondiscretionary bonuses

34 7. Record-keeping requirements 7 Basic Rules for Nonexempt Employee Classification

35 Nonexempt Employees 1. Unauthorized overtime

36 Nonexempt Employees 2. Preliminary and postliminary work

37 Nonexempt Employees 3. Waiting, on-call, and standby time

38 Nonexempt Employees 4. Meal and rest periods State requirements available at

39 Nonexempt Employees 5. Sleeping time Uninterrupted sleep for at least 5 hours

40 Nonexempt Employees 6. Training and education time 4 Criteria: 1. Outside of normal work hours 2. Voluntary participation 3. Not job-related 4. No work is performed concurrently

41 Nonexempt Employees 7. Travel time

42 FLSA ISSUES IN THE NEWS AND COURTS In 2008:» 23,000 complaints received» Back wages of $185,000,000 for over 228,000 employees» WHD assessed over $9.9 million in penalties for violations» Average of 97 days to resolve a case» New screening processes

43 1. Minimum wage for federal contractors 2. Minimum wage 3. Living wage actions by municipalities 4. Focus on low-wage industries 5. Independent contractors 6. Use and payment of interns 7. Pay equity 8. Obama s directive to DOL regarding exemptions EMERGING ISSUES

44 Get an expert s advice. Attorney Consultant DOL Take a conservative perspective.

45 » Examine positions.» Examine PTO policies.» Understand differences among state and local rules. Where do you go from here?

FLSA: Understanding Exempt and Nonexempt Overtime Regulations. Presented by Don Feltham

FLSA: Understanding Exempt and Nonexempt Overtime Regulations. Presented by Don Feltham FLSA: Understanding Exempt and Nonexempt Overtime Regulations Presented by Don Feltham KEY ISSUES:» Changes effective December 1, 2016» FLSA overview» Exempt and nonexempt rules» Unique situations OVERVIEW

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

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

Exemption and Overtime

Exemption 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 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

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

LINKS AND RESOURCES OVERTIME PAY. Provided by Sapoznik Insurance FLSA Overtime Pay

LINKS 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 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

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

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

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

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

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

Pay Raises or Pay Overtime: The New DOL Salary Level Test

Pay 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 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

Policies of the University of North Texas Chapter 5. Human Resources Compensatory Leave and Overtime

Policies of the University of North Texas Chapter 5. Human Resources Compensatory Leave and Overtime Policies of the University of North Texas Chapter 5 05.062 Compensatory Leave and Overtime Human Resources Policy Statement. To insure that staff members are compensated for overtime worked in accordance

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

FLSA Changes: Implementation Guide

FLSA 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 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

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

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

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

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

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

ERLANGER HEALTH SYSTEM POLICY

ERLANGER HEALTH SYSTEM POLICY ERLANGER HEALTH SYSTEM POLICY Origination 9/93. Approval: Reviewed Revised Approval: 11/11 1/1/14 Index Title: Paid Time Off Originating Department: Human Resources Number: 8327.0701 Description for EHS

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

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

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

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

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

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

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

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

State Personnel System. Dual Employment and Dual Compensation Guidelines and Procedures for State Personnel System Agencies

State Personnel System. Dual Employment and Dual Compensation Guidelines and Procedures for State Personnel System Agencies State Personnel System Dual Employment and Dual Compensation Guidelines and Procedures for State Personnel System Division of Human Resource Management May 2011 Table of Contents INTRODUCTION... 2 I. DEFINITIONS...

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

Rule 4. Time Off. New Year s Day January 1 Martin Luther King Jr. Holiday Third Monday in January

Rule 4. Time Off. New Year s Day January 1 Martin Luther King Jr. Holiday Third Monday in January Rule 4. Time Off All forms of accumulated or gained leave shall be exhausted prior to the request and use of leave without pay, except as provided in the Pinellas County Family Medical Leave Act Handbook

More information

PHRca Exam Preparation Final Assignment

PHRca 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 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

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

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

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

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

10/9/2015 WAGE & HOUR ISSUES: FLSA, COACHES AND CASTLE ROCK FLSA AND STATE LAW FAIR LABOR STANDARDS ACT & MINIMUM WAGE ACT

10/9/2015 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 information

Administrative Exemption

Administrative 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 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

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

Paying 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 + 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 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

Salt Lake County Human Resources Policy 5-300: Payroll

Salt Lake County Human Resources Policy 5-300: Payroll Purpose This policy identifies and provides for the uniform and consistent application of the provisions of the Salt Lake County Payroll System. I. Policy Salt Lake County will maintain payroll records

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

Implementing Overtime Rule Changes. Presented by: Assistant Attorney General Daniel Knox Faulkner

Implementing 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 information

Functional Area #1 - Compensation/Wage and Hour P2

Functional Area #1 - Compensation/Wage and Hour P2 FUNCTIONAL AREA #1 COMPENSATION & WAGE HOUR PART II Presented by: Gina de Miranda, M.A., SPHR-CA, SHRM-SCP TPO Bilingual Consultant PHRca Instructor ginad@tpohr.com 1 WORK DAY AND WORK WEEK What law requires

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

FLSA Changes. Overtime Regulations and How They Affect You

FLSA 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 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

THE LAW. Equal Employment Opportunity is

THE 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 information

FLSA Transition and Information for Employees

FLSA Transition and Information for Employees FLSA Transition and Information for Employees FLSA classifications of exempt and non-exempt refers to a legal designation of the employee s job, and in no way refers to the value placed on an employee

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

FAIR 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: 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 information

Every year in California, new laws, judicial interpretations, and administrative decisions AB 1522

Every year in California, new laws, judicial interpretations, and administrative decisions AB 1522 Exempt Employee Labor Laws In California Document Every year in California, new laws, judicial interpretations, and administrative decisions AB 1522 amends Labor Code section 2810.5 and adds Labor Code

More information

EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE $7.

EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE $7. EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE $7.25 BEGINNING JULY 24, 2009 PER HOUR OVERTIME PAY CHILD LABOR At least

More information

HERNANDO COUNTY Board of County Commissioners

HERNANDO COUNTY Board of County Commissioners HERNANDO COUNTY Board of County Commissioners Policy Title: Effective Date: February 11, 2014 Pay Plan and Employee Compensation Policy Revision Date(s): March 12, 2013 October 16, 2013 Latest Review:

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR VIRGINIA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MARYLAND. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME

EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME The Lafayette Parish School Board complies with the Fair Labor Standards Act (FLSA) in all aspects as well as hours of work that are compatible with

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

EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME

EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME EMPLOYMENT CLASSIFICATIONS, WORK WEEK, AND OVERTIME The Lafayette Parish School Board complies with the Fair Labor Standards Act (FLSA) in all aspects as well as hours of work that are compatible with

More information

PHR-CA Professional in Human Resources - California. SPHR-CA senior Professional in Human PHR-CA /SPHR-CA. body OF KNOWLEGE

PHR-CA Professional in Human Resources - California. SPHR-CA senior Professional in Human PHR-CA /SPHR-CA. body OF KNOWLEGE california certification in human resources» PHR-CA Professional in Human Resources - California SPHR-CA senior Professional in Human Resources - California PHR-CA /SPHR-CA body OF KNOWLEGE for the california

More information

November 2010 Presented by WSU Human Resources

November 2010 Presented by WSU Human Resources FLSA Supervisor Training November 2010 Presented by WSU Human Resources Why Are We Here? Several issues with Fair Labor Standards Act (FLSA) identified FLSA Review Team formed in January Chartered to review

More information

FLSA. Wage & Hour Provisions. Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters

FLSA. Wage & Hour Provisions. Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters FLSA Wage & Hour Provisions Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters www.laborlawyers.com FLSA (WAGE & HOUR PROVISIONS) T A B L

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

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR ILLINOIS. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

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

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

Human Capital Management: Step-by-Step Guide

Human Capital Management: Step-by-Step Guide Human Capital Management: Step-by-Step Guide My Leave for HCM Community Members This guide provides HCM Community Members, such as PPLs, instructions for how to log into My Leave as an employee to edit

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

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

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

New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017)

New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017) New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017) Q: What is New York Paid Family Leave? A: Passed by the state legislature, and signed by Governor Cuomo in April 2016,

More information

Preliminary Questions

Preliminary Questions John L. Knorek, Esq. Jennifer L. Gitter, Esq. Preliminary Questions 1) Should you have a handbook? 2) What is your corporate culture? 3) Trash the old, build a new house, or just remodel? 4) Hard copy

More information

How The New FLSA Rules Impact Nonprofits: What You Need To Know

How The New FLSA Rules Impact Nonprofits: What You Need To Know How The New FLSA Rules Impact Nonprofits: What You Need To Know Presented by: Sidney Abrams and Alicia Schoshinski Tuesday, June 28, 2016 ABOUT NONPROFIT HR Since 2000, Nonprofit HR has worked with thousands

More information

This and all documents downloaded from our website are Copyright 2004, 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2004, 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MINNESOTA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

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

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

Small 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. $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 information

Updates in Labor & Employment Law

Updates in Labor & Employment Law Updates in Labor & Employment Law June 9, 2016 Employment Law Seminar Bellevue, Washington Presented by: Chelsea Petersen, Partner Emily Bushaw, Associate Perkins Coie LLP Agenda Federal Law Updates DOL

More information

Labor Law Litigation

Labor 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 information

RVDA 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! 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 information

Employees with questions or concerns regarding working conditions or standards of conduct should follow the chain of command as described below:

Employees with questions or concerns regarding working conditions or standards of conduct should follow the chain of command as described below: SECTION 3 EMPLOYMENT The City of Logan is committed to providing a work environment that is free of discrimination. The City has further adopted a zero tolerance policy regarding harassment and discrimination

More information

FEDERAL MINIMUM WAGE $7.25

FEDERAL MINIMUM WAGE $7.25 FEDERAL MINIMUM WAGE EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE $7.25 Per hour beginning July 24, 2009 Overtime

More information

Arizona Paid Sick Leave What you need to know

Arizona Paid Sick Leave What you need to know Arizona Paid Sick Leave What you need to know May 24 th 2016 Board Meeting Agenda Previous to Proposition 206 No Arizona requirement for employers to provide any type of paid sick leave to employers Passage

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

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.

This 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 information

Mid Year Trending HR Topics for 2016

Mid Year Trending HR Topics for 2016 Mid Year Trending HR Topics for 2016 The Executive's Roadmap to Best-in-Class HR Strategy 2015 TriNet Group, Inc. All rights reserved. Reproduction or distribution in whole or part without express written

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

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

Frequently Asked Questions (FAQs) Emeryville's Minimum Wage and Paid Sick Leave Ordinance Effective July 2, 2015 Last Updated: February 1, 2018

Frequently Asked Questions (FAQs) Emeryville's Minimum Wage and Paid Sick Leave Ordinance Effective July 2, 2015 Last Updated: February 1, 2018 Frequently Asked Questions (FAQs) Emeryville's Minimum Wage and Paid Sick Leave Ordinance Effective July 2, 2015 Last Updated: February 1, 2018 INTRODUCTION On June 2, 2015, the City Council of the City

More information

GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures. Authority: Effective Date: Page 1 of Wetherington/Ryan 9/01/01 19

GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures. Authority: Effective Date: Page 1 of Wetherington/Ryan 9/01/01 19 GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures Functional Area: Subject: Time Keeping Requirements (FLSA) : Revises Previous Authority: Page 1 of Wetherington/Ryan I. POLICY: A. Employees

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