2 FLSA Wage and Hour Pitfalls Presented by: Howard M. Brown Bartlett Hackett Feinberg P.C. 155 Federal Street, 9 th floor Boston, MA (617) Saleha Walsh Insource Services 148 Linden Street, 3 rd floor Wellesley, MA (781)
3 Objectives Understand the definitions of exempt and non-exempt Understand Safe Harbor Know the FLSA recordkeeping requirements for time worked for a non-exempt employee Understand minimum wage requirements Understand overtime pay requirements Understand the definition of an independent contractor Avoid penalties
4 What me worry? Litigation explosion Mandatory double damages or triple damages (Federal v. State) plus attorney s fees in private lawsuits DOL targets industries Restaurants, hotels/motels, residential construction, janitorial, moving, landscaping, home health care and retail. Massachusetts joint task force on the underground economy and misclassification
5 Exempt Employees Meet one of the FLSA exemption tests and who are paid on a fixed salary basis and not entitled to overtime. Executive Administrative Professional Computer Professional Outside sales Highly Compensated Exemption
6 Executive Paid on a salary basis at least $455 per week Primary responsibility is management of the enterprise or customarily recognized department or subdivision Customarily and regularly directs the work of two or more other employees Has the authority to hire or fire or whose suggestions and recommendations as to hiring, firing, advancement, promotion or other change of status of employees are given particular weight.
7 Executive - Who might qualify?* C-level Executives (CEO, COO, CIO, CFO, etc.) Department Head Manager Supervisor Store Manager Plant Manager Construction Project Supervisor *Title alone is insufficient to establish status
8 Executive Who doesn t qualify? Working Foreman Relief Supervisor Manager who spends only a small part of his/her time on exempt work
9 Professional Salary at least $455 per week Primary Responsibility is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or Requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
10 Professional Who might qualify?* Doctor Lawyer Engineer Accountant Teacher Insurance Claims Adjuster Registered Nurse Chef Artist Music Composer
11 Professional Who doesn t qualify? Licensed Practical Nurse Nurse s Aide Paramedic Paralegal/Legal Assistant Engineering Technician Cook
12 Administrative Salary is at least $455 per week Primary duty is performance of office or non-manual work directly related to the management or general business operations of the employer and customers Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance
13 Administrative Who might qualify* Insurance Claims Adjuster Certain Financial Industry Employees Auditor, Tax Expert Team Leader on a Major Project Administrative Assistant to a Senior Executive Human Resources Manager Purchasing Agent
14 Administrative Who doesn t qualify? Administrative Assistant Legal Secretary Accounting Clerk Bookkeeper Payroll Clerk Loan Officer Inspector Human Resources Administrator/Clerk
15 Outside Sales are exempt if No salary requirement The employee s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and The employee must be customarily and regularly engaged away from the employer s place or places of business May perform work incidental to sales such as deliveries, collections and reports
16 Sales Who doesn t qualify? Inside Sales are non-exempt employees eligible for overtime Unless they qualify for administrative exemption in that: The focus will be on the exercise of discretion and independent judgment with respect to matters of significance
17 Computer Employees Salary or fee basis of at least $455 per week or hourly basis at a rate not less than $27.63 per hour Apply systems analysis techniques Design, document, analyze, create or modify computer systems or programs
18 Computer Employees Who might qualify? Systems Analyst Programmer Software Engineer
19 Computer Employees Who doesn t qualify? Entry-Level Programmer Computer Manufacture or Repair CAD Operator Help Desk
20 Motor Carrier Exemption Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section Drivers, driver s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce and Not covered by the small vehicle exception (gross vehicle weight of less than 10,001 pounds)
21 Highly Compensated Exemption Perform at least one of the duties of an exempt executive, administrative or professional employee Have a total annual compensation of $100,000 or more
22 Summary of Exempt Employees Executive Professional Administrative Outside Sales Not Inside Sales Computer Motor Vehicle Exemption Highly Compensated Employee - $100,000+
23 Safe Harbor Lose of exemption if facts demonstrate that the employer did not intend to pay on a salary basis (there is an actual practice of making improper deductions from exempt employees pay as opposed to an isolated or occasional event) Making improper deductions in an exempt employee s pay could jeopardize the exemption. Examples of improper deductions include: A deduction of a partial day s pay because an employee was sick and arrived late or left early and did not work a full day; A deduction of a day's pay because the employer was closed due to inclement weather; A deduction for a two-day absence due to a minor illness when the employer does not have a bona fide sick leave plan, policy or practice of providing wage replacement benefits; and A deduction for a partial day absence to attend a parent-teacher conference.
24 Safe Harbor Policy Loss of exemption exposes the employer to overtime claim going back two or three years for all employees affected by the practice. All overtime hours must be paid at time and one-half. Employers can protect themselves by implementing a Safe Harbor Policy and clearly communicating the policy prohibiting improper deductions, including a complaint mechanism; reimbursing employees for any improper deductions; and making a good faith commitment to comply in the future. The Department of Labor has found that such a policy would be considered clearly communicated if it is published in an Employment Handbook or located on the company intranet.
25 A Non-Exempt Employee is An employee who does not meet one of the FLSA s exemption tests and is covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
26 Are salaried employees always exempt from overtime? Just because an employee is paid on a salaried basis does not mean that the employee is not entitled to overtime compensation. The nature of the job and/or the type of employer dictates whether or not an employee is eligible for overtime
27 FLSA Record Keeping Requirements The FLSA requires you keep records of time worked by non-exempt employees: Time and day of week when workweek begins Hours worked each day Total hours worked each workweek Basis on which wages are paid (i.e. per hour, piecework)
28 Time Worked Records Regular hourly pay rate Total daily or weekly straight-time earnings Total overtime earnings Additions to or deductions from wages Total wages paid each pay period Date of payment and pay period covered by the payment
29 Time Worked Records Employers may use any timekeeping method they choose time clocks, manual timesheets, electronic timesheets Under FLSA, payroll records must be retained for at least three years. Records on which wages were based (time cards, timesheets, computer records) must be retained for at least two years Under Mass. law, employee is allowed to inspect his time records
30 Overtime Pay Requirements FLSA requires overtime pay at a rate of not less than one and one-half times the employees regular rate of pay after 40 hours in a workweek When an employee is subject to both state and federal overtime laws, the employee is entitled to overtime according to the higher standard (that standard that will provide the higher rate of pay)
31 Calculating Overtime 1½ x regular rate Hourly rate = regular rate Salaried non-exempt employees, divide salary by the number of hours for which the salary is intended to compensate. Except for outside sales, commissions are payments for hours worked and must be included in the regular rate Include bonuses unless purely discretionary (not earned by formula or goal)
32 Compensatory ( Comp ) Time Private sector employers must pay non-exempt employees wages equal to one and one-half times their regular hourly rate of pay for all hours worked in excess of 40 in a single workweek. They cannot provide compensatory time off instead of overtime pay.
33 Authorizing Overtime Most companies require that overtime be authorized in advance by an employee s supervisor If the employee works overtime without prior authorization, it still must be paid Unauthorized overtime is a disciplinary issue, not a compensation issue
34 Massachusetts Employers Massachusetts minimum wage is $8.00 per hour Massachusetts law specifies when employees must be paid. Under Massachusetts law, all non-exempt employees must be paid weekly or biweekly (every 2 weeks) and within 6 days of the end of the pay period during which wages were earned. Semi-monthly (twice per month) pay periods do not comply with this requirement as such is paid less frequently than every 2 weeks and does not pay wages due within 6 days of the end of a pay period Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under the age of 20 in their first 90 consecutive days of employment, tipped employees and studentlearners.
35 Counting Time Worked Time spent outside regular hours counts if the employer knows or has reason to believe that the employee is working Short breaks of 5 20 minutes must be counted as hours worked Bona fide meal periods of 30 minutes or more are not work time.
36 Compensable Time Meetings and Training Time spent attending lectures, meetings and training programs is counted as hours worked unless all of the following conditions are met: The meeting was held outside regular working hours and Attendance was truly voluntary And the course, lecture or meeting is not directly related to the employee s job. And the employee does no productive work during the meeting or training.
37 Compensable Time Travel Time Home-to-work travel is not work time and not compensable. Time spent in travel as part of the employee s principal activity, such as travel from one job site to another job site during the workday is work time and must be paid. When a non-exempt employee travels on a one-day assignment to another city, the time spent traveling is work time and must be paid. Travel that keeps the employee away from home overnight is work time when it cuts across the employee s workday. However, time spent traveling to an airport terminal or train station is not treated as hours worked. By contract, all time spent waiting at the terminal until arrival at the destination is compensable.
38 Compensable Time On-Call/Carrying a Pager Depends on whether the time is spent predominantly for the employer s benefit or for the employee. An employee who is required to remain on call on the employer s premises is working while on call and the time is compensable. An employee who is required to remain on call at home or carry a pager, or who is allowed to leave a message where s/he can be reached, is not working (in most cases) while on call and the time is not compensable. Additional constraints to the employee s freedom could require this time to be compensated.
39 Compensable Time Changing Clothes and Preparing for Work Time spent by employees changing clothes or preparing for work, such as washing up at the beginning or end of the workday, is considered part of an employee s principal activities whenever the changing or preparing for work is required by the nature of the worker s job. These activities would be compensable time. Exception in unionized workplaces under the terms of collective bargaining.
40 Compensable Time Compensable time spent traveling for business, attending meetings and training, on paid breaks, on on-call duty, and changing clothes and preparing for working are counted as any other time worked and may result in overtime.
41 Independent Contractors Mass. law more restrictive than Federal Three prong test under G.L. c.149, 148B To qualify as independent contractor, must: Be free from control and direction in connection with the performance of services and Perform services outside the usual course of the business of the employer and Customarily engage in an independently established trade, occupation, profession or business
42 Free from control and direction Does the company supervise the means and methods utilized in the performance of work? Per the AG advisory, activities and duties must be carried out with minimal instruction Example: an independent contractor completes the job using his or her own approach with little direction and dictates the hours that he or she will work on the job.
43 Outside usual course of the business Is the service necessary to the business of the employing unit or merely incidental? Per the AG s advisory: Violation- Drywall company classifies an individual who is installing drywall as an independent contractor. Individual installing the drywall is performing an essential part of the employer s business. Violation- Company in the business of providing motor vehicle appraisals classifies an individual appraiser as an independent contractor. Appraiser is performing an essential part of the appraisal company s business. No violation- Accounting firm hires an individual to move office furniture. Moving of furniture is incidental to the accounting firm s business.
44 Independently established trade, occupation, profession or business Is contractor capable of performing the service for anyone wishing to avail themselves of it or does the nature of the business make the contractor dependent on a single employer? Is the contractor an entrepreneur operating an independently established business? Even a franchisee can be an employee, if not truly an independent trade/business
45 Employee or independent contractor? #1 Real estate salespersons #2 FedEx ground delivery driver #3 Exotic dancer #4 Janitorial service franchisee
46 Employee or independent contractor? #1 Real estate salespersons Real estate salesperson cannot satisfy the independent contractor statute and the applicable real estate laws simultaneously. G.L.c. 149, 148B does not control and therefore a claim based on a violation of the independent contractor statute must fail. Monell v. Boston Pads, LLC, 2013 WL (Mass. Super. 7/19/13)
47 Employee or independent contractor? #2 FedEx ground delivery driver FedEx fails to raise a genuine issue of material fact as to whether plaintiffs' pickup and delivery services were performed outside of FedEx's usual course of business. Plaintiffs were employees of FedEx under Massachusetts law. Schwann v. FedEx Ground Package Sys., Inc., 2013 WL (D. Mass. 7/3/13)
48 Employee or independent contractor? #3 Exotic dancer Establishment that provides a venue for exotic dancers is in the business of providing adult entertainment. The exotic dancers perform their services in the usual course of that business. Therefore, Centerfolds has misclassified its exotic dancers as independent contractors in violation of 148B. Monteiro v. PJD Entertainment of Worcester, Inc., 2011 WL (Mass. Super. Nov. 23, 2011)
49 Employee or independent contractor? #4 Janitorial service franchisee Claimant was required to allow Coverall to negotiate contracts and pricing directly with clients, bill clients, and provide a daily cleaning plan to which the claimant was required to adhere. Claimant was compelled to rely heavily on Coverall. Growth of claimant's business inevitably expanded Coverall's clientele. Claimant s business ended once Coverall discharged her. Coverall failed to satisfy its burden of establishing that the claimant's business was independent. Coverall N. Am., Inc. v. Com'r of Div. of Unemployment Assistance, 447 Mass. 852 (2006)
50 Avoid Penalties Correctly classify all jobs as exempt or non-exempt. Have a written contract with Independent Contractors and make sure they qualify Maintain payroll records as required by law Have an up-to-date Employee Handbook Review annually Have written Job Descriptions Review annually Seek advice from experts
51 Questions Presented by: Howard M. Brown Bartlett Hackett Feinberg P.C. 155 Federal Street, 9 th floor Boston, MA (617) Saleha Walsh Insource Services 148 Linden Street, 3 rd floor Wellesley, MA (781)
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
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
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
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
FLSA Compliance Presented by Stephanie Buduhan, PSK LLP June 20, 2017 Discussion Topics History of the Fair Labor Standards Act Who Falls Under the FLSA? Exempt vs Nonexempt Compliance Tips Copyright June
FLSA Game-Changing Rules for Boards of Education July 13, 2016 Jill E. Hall, Esquire Bowles Rice LLP 600 Quarrier Street Charleston, West Virginia 25301 304-347-1128 firstname.lastname@example.org Fair Labor Standards
FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by: Sandi P. Tarski email@example.com om 512-454-6864 Alexander S. Berk firstname.lastname@example.org om 214-574-8800 1 FLSA BASICS
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
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
Fair Labor Standards Act June 2016 Roger L. Bates Hand Arendall LLC 2001 Park Place North Birmingham, AL 35203 email@example.com Fair Labor Standards Act ( FLSA ) Establishes standards for minimum
Wage and Hour Law Update Brian M. O Neal McMahon Berger, P.C. 2730 North Ballas Road St. Louis, MO 63131 (314) 567-7350 firstname.lastname@example.org FLSA Collective Action Filings 8,304 FLSA collective actions
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
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
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
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
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
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
+ 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
The NEW White Collar Exemption Rule: How to Prepare Wednesday, June 15, 2016 Today s Presenter: Erin R. Nathan (319) 896-4013 email@example.com CLE Notice: This webinar is an accredited program
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
A publication of Hunter Business Law Copyright 201 6 Overtime Pay Compliance for a New Era of Employment Law: Effective Strategies and Planning Tools for Employers A GUIDE TO EMPLOYMENT COMPLIANCE LAST
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
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
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 firstname.lastname@example.org Lindsay Gingo Of Counsel, Cleveland
Legal Q & A Updated By Heather M. Lockhart, TML Assistant General Counsel, and Lola Wilson, TML Law Clerk On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of
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
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
New Department of Labor Overtime Rules: Are You Ready? September 29, 2016 Katie Welch, M.A., SPHR BeachFleischman Topics Background Information Final Overtime Rule Overview What Does This Mean for You?
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
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
FLSA Compliance: Exempt vs. Non-exempt Classification Audit **FEDERAL** State exemption tests may vary. When state laws differ, employers must follow the rules that most favor the employee. Please call
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.
WAGE & HOUR COMPLIANCE THE DOL IS COMING. ARE YOU READY? LeadingAge New York HR Summit Mark A. Moldenhauer, Esq. April 8, 2014 Wage and Hour Concerns Independent Contractors Frequency of Pay Deductions
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
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
Connecticut Department of Labor Wage and Workplace Standards Division Worksheet to Help Determine Exempt/Non-Exempt Status of Managerial or Executive Employees* This analysis is meant only to be a guideline
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
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 email@example.com
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
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
WAGE AND HOUR: A PRIMER ON FLSA COMPLIANCE 2016 Labor & Employment Law Conference Mario R. Bordogna (412) 394-2487 firstname.lastname@example.org Connie M. Cessante (313) 965-8329 email@example.com clarkhill.com
Bernard J. Bieg and Judith A. Toland CHAPTER 2 PAYROLL ACCOUNTING 2014 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted
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
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
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
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
Welcome to the Wage and Hour Issues in Life Sciences: Strategies to Avoid Litigation Webcast Please dial in to the audio portion: 866.963.7123. The line will remain silent until we begin the presentation.
System-wide Pay Plan and Overtime Regulations Session for AABS Elizabeth Schwartz Director of Workforce Management firstname.lastname@example.org 979.845.0357 employees.tamu.edu FOLLOW US ON: Topics Background Basic
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
The Fair Labor Standards Act FLSA email@example.com Michelle Perris Human Resources Consultant Carol Emge Human Resources Consultant 1 Overtime updates will extend protections to 4.2 million workers
Financial Management Program Employee vs. Independent Contractor Chris Pike, CPA 1 Learning Objectives At the end of this session, you should be able to Discuss the Fair Labor Standards Act and its role
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
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
Approved: Effective: October 18, 2017 Review: February 22, 2017 Office: Human Resources Topic No.: 250-010-005-h Department of Transportation PURPOSE: EXCESS WORK HOURS/OVERTIME PROCEDURE This procedure
Welcome to HR Presents October 26, 2016 10:30 am 12:00 pm Milton Hall Room 185 WELCOME & INTRODUCTIONS BENEFIT NEWS Presented by: René S. Yoder Director, Benefit Services ANNUAL COMPLIANCE TRAINING Presented
Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library
WHO ARE YOU CALLING, "MANAGER"? THE PROPOSED WHITE-COLLAR EXEMPTION OVERTIME REGULATIONS 32 nd Annual Labor & Employment Conference Paul W. Coughenour Anne-Marie Vercruysse Welch (248) 988-5862 (248) 988-1810
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
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
Countdown to the New DOL Regulations September 2016 Presented By: Lee Schreter Atlanta, GA firstname.lastname@example.org (404) 760-3938 Tammy McCutchen Washington DC (202) 414-6857 email@example.com Ready
Exempt vs. Nonexempt: Understanding FLSA s Employee Classification Standards Presented by Don Feltham FLSA» 2013 marked the 75th anniversary of the enactment.» Exempt vs. nonexempt» Twists on the issues»
Back to Basics: Exempt or Nonexempt How to Avoid Misclassification 21 st Annual PIHRA Legal Update January 2008 Veronica M. Gray, Partner Nossaman Guthner Knox & Elliott LLP 18101 Von Karman Ave., Suite
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
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
California Sales Professional Exemptions PART 4 OF 5: OVERVIEW OF CALIFORNIA EXEMPTION Welcome Free Webinar Series Part 4 of our 5 Part Series Part 5 December 16 @ 10AM Presenter is Dr. Carlyle Rogers,
A new federal wage regulation proposed by the Department of Labor raises salary thresholds in a way that significantly expands the number of employees who must be paid time and a half for overtime. Here
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
SECTION 4 COMPENSATION 4.01 TIME SHEETS 4.02 PAYDAY 4.03 PAYROLL DEDUCTIONS Ohio Public Employees Retirement System (OPERS) Income Taxes Medicare Deductions Garnishment/Child Support Deductions Optional
Paying Overtime Under the FLSA: Part 1 Presented on Wednesday, April 5, 2017 HOUSEKEEPING Credit Questions Topic Speaker HOUSEKEEPING Certificates delivered by email no later than 5/05/2017 Be watching
FLSA Overtime Rule Implications and Strategies for Higher Education SPEAKERS Jim Ratchford Partner, Higher Education Practice Leader Garry Straker Health & Benefits, Compensation & Human Capital A Hard
SCHOOL DISTRICTS USE OF INDEPENDENT CONTRACTORS Presented to the Bradley F. Kidder Educational Law Conference October 5, 2016 By: Michael S. Elwell Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C. 220
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
Seven Lies Employees Tell You About Time & Pay Presented by: Jaime Lizotte HR Solutions Manager Seven Lies Employees Tell You About Time & Pay Welcome! Before we get started Use the chat box on the left
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 October 24, 2017
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
New Overtime Rules JOHN BLANCHARD KRISTIN WINDTBERG The Fair Labor Standards Act The FLSA requires employers to pay overtime to all employees, unless exempt from the FLSA: Administrative Employee Executive
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
ABOUT YOUR PRESENTER Joseph Ortiz is a partner with the Labor & Employment practice group at Best Best & Krieger, LLP. Ortiz advises and represents private and public employers in labor & employment matters
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)
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
District of Columbia Wage-Hour Rules 7 DCMR 900 et seq. 900 GENERAL PROVISIONS... 1 901 [RESERVED]... 2 902 PAYMENT OF MINIMUM WAGE... 2 903 GRATUITIES... 3 904 LODGING AND MEALS... 3 905 COMMISSIONS...
NSU FLSA Guidelines, Information and Tips for Supervisors As a supervisor, you should have received copies of the notification letters that were sent to those employees transitioning from exempt to non-exempt