Overtime Pay Claims for After-Hours Use of Electronic Devices: Avoiding and Defending Litigation
|
|
- Cornelius Fletcher
- 6 years ago
- Views:
Transcription
1 Presenting a live 90-minute webinar with interactive Q&A Overtime Pay Claims for After-Hours Use of Electronic Devices: Avoiding and Defending Litigation Defining Working Time, Leveraging Defense Tactics, Defeating Class Certification, Proactively Avoiding Claims TUESDAY, OCTOBER 31, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Peter J. Gillespie, Of Counsel, Laner Muchin, Chicago Alfred B. Robinson, Jr., Shareholder, Ogletree Deakins Nash Smoak & Stewart, Washington, D.C. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.
2 Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial and enter your PIN when prompted. Otherwise, please send us a chat or sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.
3 Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you that you will receive immediately following the program. For additional information about continuing education, call us at ext. 35.
4 Overtime Pay Claims for After- Hours Use of Electronic Devices: Will This Day Ever End? Presented by: Pete Gillespie Laner Muchin, Ltd. October 31, 2017
5 Do I Have An Agenda? What s the big deal about sending texts or s at night? Primer on the Fair Labor Standards Act Understand what time is compensable and what time is not 5
6 Why Do We Think These Phones Are So Smart? Working days are becoming longer and longer Increased connectivity makes it easier to work remotely Personal time and the work day overlapping more and more How often do we perform work-related tasks at home, at night, or even on vacation? 6
7 Blackberry Addiction Electronic devices make it easier to keep in touch with co-workers and to remain available for work Harder to ignore s and texts when everyone knows that the device is in your pocket at all times Many employees are expected to check during off-duty hours, at nights or on weekends Employees want to be cooperative and part of the team 7
8 So What s The Problem? In the 2016 Fiscal Year, the U.S. Department of Labor Wage and Hour Division found overtime violations in 10,884 cases, with $171,917,225 in back wages owed In 2015, WHD determined that employers owed back wages of $137,701,703 Claims for unpaid wages and overtime are showing little signs of slowing down 8
9 Relax, Responding To An Takes Like 30 Seconds Claims for unpaid wages or overtime are increasingly including claims that employees were required to check for s or texts during non-working hours and were not getting paid for the time Employees who check messages may claim their work day began before their employer thought it did Employees might first be telling management about all these long hours through a lawsuit And it s not going to be a one-off problem to fix! 9
10 Can We Stop Talking About The s? Employee claims for unpaid wages include issues relating to logging in, booting computers, security checks and other delays Claims also include policies involving downloading files, updating devices, and other remote electronic activities What if the employee is tweeting? 10
11 Can I Catch A Break? Employees who eat at their desk may have a claim for unpaid breaks or automatically deducted lunch times, if they respond to or otherwise keep working while taking lunch 11
12 Applicable Wage and Hour Laws Federal and State laws governing payment of overtime and hours worked: Fair Labor Standards Act ( FLSA ) Portal-to-Portal Act State law counterparts 12
13 Overtime Basics All non-exempt employees must be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in workweek. Breakdown: Non-exempt employees Hours Worked Workweek Regular Rate of Pay 13
14 Hours Worked Generally, hours worked includes all time an employee must be on duty, or on our premises or at any other prescribed place of work, from the beginning of the first principal activity of the work day to the end of the last principal activity of the work day. Also included in hours worked is any additional time that you are allowed to work (i.e., suffered or permitted), even if not approved (i.e., overtime). 14
15 Hours Worked (cont d) The following is generally considered hours worked and is compensable time: Hours on duty on the premises; Work not requested or approved, but suffered or permitted; Rest periods (less than 30 minutes); Mandatory training; Medical care on the job or at the employer s request during work hours; Breakdown time; Preparation, changing and washing time if required by custom, practice or by the nature of the work; Travel time for business (in some cases). 15
16 Hours Worked (cont d) The following time is generally not considered hours worked and is not compensable time: Absences; Holidays; Medical attention by a personal physician or outside working hours; On-call time; unless the employee is prevented from effectively using the time for personal pursuits; Portal-to-Portal activities (i.e., commuting to and from work); Meal periods of 30 minutes or more where an employee is completely relieved of duty (and not working). 16
17 Hours Worked (cont d) Waiting time - whether waiting time is hours worked depends on the particular circumstances. Engaged to wait (compensable) vs. waiting to be engaged (not compensable). On-call time on-call time on the employer s premises is compensable time, but an employee who is on call at home and not working is not compensable time (in most cases). Additional constraint s on the employee s freedom during on-call time could make it compensable time. 17
18 Hours Worked (cont d) Travel Time Basics Home to work travel = not compensable. Home to work travel on a special one day assignment in another city = compensable (but we can deduct the time it would normally take the employee to travel to their regular work site). Travel that is all in a day s work (i.e., site-to-site) = compensable. Overnight travel = compensable for time during the employee s normal work hours, but, according to the U.S. Department of Labor, travel time on an airplane, train, boat, bus or automobile outside the employee s normal work hours is not compensable. 18
19 Hours Worked (cont d) Other Travel Time Considerations: If an employee performs work while traveling outside of regular work hours (i.e., reading a memo on the airplane or talking to a manager about work while on the airplane), then this is compensable time at the employee s normal rate of pay (and the time is counted towards overtime hours for that workweek). The following is not compensable time: stopping for food, sleeping, sightseeing while away, other exclusively personal time. Travel time during an employee s non-working days (i.e., Saturday/Sunday) is compensable when it occurs during hours that correspond with the employee s normal working hours (i.e., travel time between 8 a.m. and 5 p.m. on a Saturday or Sunday). 19
20 Timekeeping You must keep accurate time records. Insubstantial and insignificant periods of time which cannot be practically reported may be considered de minimis and not compensable 20
21 Timekeeping Employers are required to pay employees for time that the employer knew or should have known the employee was working Employers cannot refuse to pay unapproved hours 21
22 Off-Site Work Travel time When reporting directly to a site, travel to and from the first location and last location is not compensable. Travel from the office to a site starts the workday. Travel between sites is compensable. Telecommuting Very important to keep accurate time records. Discuss expectations of when the employee should be working and not working, including responding to calls or outside of normal business hours. 22
23 Hypothetical Hallie (an exempt employee) has an assistant named Tony (a non-exempt employee). Tony is Hallie s right hand man and a very dedicated employee. Tony is so dedicated that he checks his during non-work hours and on weekends. Many times Hallie will Tony during these non-work times, Tony will respond, and even talk to Hallie to discuss work the next week. Is the time Tony spent responding to Hallie s s hours worked? Is Tony considered on call while waiting for Hallie s s? If so, is the on call time considered hours worked? 23
24 Hypothetical John has a meeting at a location away from his office. His meeting starts at 9:00 a.m., so he drives from his home to the location in the morning. Is this compensable? After the first meeting, John goes to a meeting at another location a half-hour away. Is this compensable? 24
25 Hypothetical John goes from home to the office to begin his workday. Is this time compensable? What if he checked his over breakfast? John leaves the office for a meeting outside of the office. Is this time compensable? After the meeting, John goes home. Is this time compensable? What if he checked his one last time before fixing himself a cocktail? 25
26 Hypothetical John is at his kid s basketball game, but checks his every few minutes because there s no scoring and his kid is riding the bench anyway Should John be paid if he doesn t actually send or receive a work-related ? Should John be paid if he sends an to a customer, but forgets to record the time? Can John s manager refuse to pay John to encourage him to be a better parent? 26
27 Hypothetical John gets promoted to a salaried, exempt manager position and celebrates by taking his family on a week-long vacation. He brings his laptop and logs in remotely to work for a few hours each day and checks his religiously between 9 and 5. Is John entitled to his full salary for the week? How much vacation time can his employer deduct for the week? 27
28 Thank You! Peter J. Gillespie Laner Muchin, Ltd. (312)
29 Presented by: Alfred B. Robinson, Jr , Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com
30 Overtime Claims for After-Hours Use of Electronic Devices Regulatory Casualty of 2016 Elections US DOL/WHD planned Request for Information (RFI): To collect information on employee s use of electronic devices to perform work during off-hours To gauge impact of use of devices to make last minute scheduling changes Objective? 30
31 Overtime Claims for After-Hours Use of Electronic Devices Regulatory Casualty of 2016 Elections (cont.) US DOL/WHD RFI on electronic devices use: Included in Fall 2016 Regulatory Agenda (Dec. 2016); Omitted from Spring 2017 Regulatory Agenda (July 2017); but Caveat.could be resurrected in a different administration 31
32 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Timekeeping policies that: Prohibit off-the-clock work Communicate process for recording hours worked Establishes process for employee to report uncompensated work time Prohibit performance of unauthorized work 32
33 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Training on timekeeping policies for both non-exempt and supervisory employees Communicate consequences for failing to comply with timekeeping policies 33
34 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Pre/post shift use of electronic devices constituted preliminary/postliminary activity Performed for employee s convenience, not required by employer, or not necessary Use of electronic devices was de minimus 34
35 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Employer did not have actual or constructive knowledge of after-hours use of electronic devices Employer must exercise control to prevent work from being performed if it is not wanted ( suffer or permit ) Policies against the performance of unauthorized work are helpful but no guarantee 35
36 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Actual or constructive knowledge is a function of a duty to inquire and reasonable diligence to acquire knowledge Actual knowledge employee working after scheduled work hours could be based on responding to manager s telephone calls/ s Again, policy against answering telephone calls or s after hours is not a panacea 36
37 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Claims that Use is Compensable Constructive knowledge arises when employer should have acquired knowledge through reasonable diligence For example reasonable diligence could be a policy for employees to use to report unpaid work time Employee misuse of process could defeat constructive knowledge Failure to use procedure prevents employer from acquiring knowledge 37
38 Overtime Claims for After-Hours Use of Electronic Devices Undermining Employer Defenses Employer effectively discourages, prevents, prohibits, or otherwise persuades employees not to comply with its timekeeping policies through its: Conduct Practices Statements, etc. 38
39 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Collective Action Claims 2-Tier process under FLSA: Conditional certification occurs first: Similarly situated plaintiffs opt-in by filing written consents with the court Low threshold: burden on plaintiff to make modest factual showing that they were subject to a common policy or plan in violation of FLSA 39
40 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Collective Action Claims 2-Tier process under FLSA: After conditional certification, court approves a notice of lawsuit and consent form for distribution to potential class members Class members allotted time frame of 30 to 60 depending on the size of the class to return claim forms opting into the case 40
41 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Collective Action Claims 2-Tier process under FLSA (cont.) Second, certification of collective action of similarly situated plaintiffs versus employer decertification challenge Differences would require individualized analysis of each opt-in plaintiff to determine whether each plaintiff was a victim of a FLSA violation 41
42 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Collective Action Claims Certification stage factors to determine whether plaintiffs are similarly situated: Factual and employment settings of individual plaintiffs Defenses to which plaintiffs may be subject Considerations of fairness and procedural impact on potential collective action 42
43 Overtime Claims for After-Hours Use of Electronic Devices Employer Defenses to Collective Action Claims At certification stage: Named plaintiffs have burden to prove other employees are similarly situated Similarly situated determination is more stringent than the conditional certification burden showing, but less rigorous than a Rule 23 class action showing of numerosity, typicality, commonality, and representativeness 43
44 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC Non-exempt assistant store managers, retail sale consultants and other sales support staff brought collective action Allegedly performed off-the-clock work by: Reading and responding to Company s and texts Working through lunch breaks Opening/closing stores Attending Company-related activities 44
45 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC (cont.) Timekeeping system computerized but allegedly did not capture off-theclock work time Could only be accessed on a terminal in retail store Supervisors had ability to override system to adjust hours worked Conditionally certified as similarly situated 45
46 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC (cont.) Conditionally certified (646 F.Supp. 2 nd at 658 (S.D.N.Y. 2009)) Computerized timekeeping system used at all retail locations to track hours worked constituted common policy or plan Employees only paid for hours tracked in timekeeping system Statements also alleged that store managers refused to retroactively adjust timekeeping records to include off-the-clock work 46
47 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC (cont.) Conditional certification standard described as relatively permissive since the motion comes before discovery has commenced in earnest. (646 F.Supp. 2 nd at 662) 4,100+ plaintiffs opted in Extensive discovery conducted including 29 randomly selected depositions 47
48 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC (cont.) At certification stage, court granted Company s motion to decertify (784 F.Supp. 2d at 456 (S.D.N.Y. 2011)) Concluded an extremely wide variety of factual and employment setting existed and this variety would in effect necessitate over four-thousand mini-trials, a result that is antithetical to collective action treatment (784 F.Supp. 2d at 459) Denied Company s summary judgment motion 48
49 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC, Findings: Company s timekeeping system and related policies complied with FLSA Timekeeping system allowed for complete, accurate recording of time worked Disparate factual and employment settings for individual plaintiffs existed Defenses were inherently individualized for each plaintiff 49
50 Overtime Claims for After-Hours Use of Electronic Devices Zivali v. AT&T Mobility, LLC, Findings: (cont.) Few common issues of fact existed that supported collective action as fair and procedurally efficient way to resolve the case All 3 factors supported decertification there simply was no uniform policy or practice that would result in systematic FLSA violations across the potential 4,000 plus plaintiff class (784 F.Supp. 2d at 469) 50
51 Overtime Claims for After-Hours Use of Electronic Devices West v. Verizon Communications Inc. (Case No. 8:08-cv T-33MAF) (M.D. Fl. Sept. 10, 2009) Personal account managers brought FLSA collective action to recover uncompensated work time spent answering s, texts and telephone calls on Company issued electronic devices and for attending meetings Magistrate did not follow 2-tier analysis in recommending that class certification motion be denied Found that plaintiffs were not similarly situated because plaintiffs engaged in a variety of personal and non-work related activities 51
52 Overtime Claims for After-Hours Use of Electronic Devices West v. Verizon Communications Inc. (Case No. 8:08-cv T-33MAF) (M.D. Fl. Sept. 10, 2009) (cont.) District court overruled plaintiffs objection to magistrate s report because he failed to apply the 2-tier procedure 2-tier approach is discretionary and district courts have broad discretion to decide how to best manage their cases 52
53 Overtime Claims for After-Hours Use of Electronic Devices Allen v. City of Chicago (Case No ) (7 th Cir. Aug. 3, 2017) Plaintiffs were 52 members of Chicago Police Departments (PD) Bureau of Organized Crime (BOC) Chicago PD issued mobile electronic devices to officers Issue was whether use of mobile electronic devices while off-duty was compensable 53
54 Overtime Claims for After-Hours Use of Electronic Devices Allen v. City of Chicago (Case No ) (7 th Cir. Aug. 3, 2017) (Cont.) Lower court conditionally certified class, after discovery denied the PD s motion to decertify, conducted a bench trial, and found: Some plaintiffs used their mobile electronic devices while off-duty for work related activities and such use constituted compensable time Some plaintiffs used the PD s procedures for submitting time slips in order to be paid for off-duty work performed using their mobile electronic devices while other did not 54
55 Overtime Claims for After-Hours Use of Electronic Devices Allen v. City of Chicago (Case No ) (7 th Cir. Aug. 3, 2017) (Cont.) Chicago PD did not maintain illegal unwritten policy or foster improper culture that it would not pay police officers for off-duty work performed using PD-provided mobile electronic devices It did not discourage or maintain a policy that prohibited the submission of time slips to receive compensation for off-duty work performed using PDprovided electronic devices 55
56 Overtime Claims for After-Hours Use of Electronic Devices Allen v. City of Chicago (Case No ) (7 th Cir. Aug. 3, 2017) (Cont.) Plaintiffs failed to show supervisors knew if and when plaintiffs performed off-duty work using their mobile electronic devices and failed to submit time slips for their work Court concluded that plaintiffs did not meet their burden to show that they were not compensated for off-duty work performed on mobile electronic devices 56
57 Overtime Claims for After-Hours Use of Electronic Devices Allen v. City of Chicago (Case No ) (7 th Cir. Aug. 3, 2017) (Cont.) 7 th Circuit affirmed district court s decision Critical conclusion that Chicago PD did not have an unwritten policy not to compensate officers for off-duty work performed on mobile devices Appellate court noted that reasonable diligence standard asks what an employer should have known, not could have known 57
58 Overtime Claims for After-Hours Use of Electronic Devices Best Practices to Avoid Overtime Pay Claims Importance of policies Training employees to understand and follow policies Consequences for failing to follow policies But always pay employees for hours worked even if not requested or authorized Follow policies do not cut corners Verify how your timekeeping practices operate 58
59 Questions? Thank You Alfred B. Robinson, Jr. Ogletree Deakins, Nash, Smoak & Stewart, P.C K Street, N.W., Suite 1000 Washington, DC Phone: (202) alfred.robinson@ogletreedeakins.com 59
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 informationCommission Pay for Employees: Structuring Agreements and Defending Claims Absent a Contract
Presenting a live 90-minute webinar with interactive Q&A Commission Pay for Employees: Structuring Agreements and Defending Claims Absent a Contract Leveraging Plaintiff and Defense Theories in Unpaid
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 informationWelcome to HR Presents
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
More informationDayton ISD. Time Clock Policy and Guidelines
Dayton ISD Time Clock Policy and Guidelines Table of Contents 1. INTRODUCTION 2. OFFICIAL TIME OF RECORD 3. EMPLOYEE TIME REPORTS 4. DISD ID NUMBER 5. CLOCK LOCATIONS 6. DAILY CLOCK IN/OUT REQUIREMENTS
More informationFrequently 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 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 informationEmployer Strategies for Responding to Employee Demand Letters: Legal, Strategic and Ethical Considerations
Presenting a live 90-minute webinar with interactive Q&A Employer Strategies for Responding to Employee Demand Letters: Legal, Strategic and Ethical Considerations Evaluating Whether to Settle or Take
More informationFLSA 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 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 informationCountdown 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 informationPayroll and Business Services
1) Roles and Responsibilities As a Kronos Manager you will be responsible for reviewing and approving your employee's timecards assigned to your school or department. Supervisor Level: Compliance with
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 informationFLSA: 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 informationMontgomery I.S.D Payroll Procedures Manual
Montgomery I.S.D. 2017-2018 Payroll Procedures Manual Table of Contents SECTION A GENERAL INFORMATION 01. INTRODUCTION... 2 02. LOCATION........ 2 03. PAYROLL CONTACT INFORMATION... 2 04. PAY DATES & PAYROLL
More 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 informationLeveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presentations
Presenting a live 90-minute webinar with interactive Q&A Leveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presentations Strategies for Using 3D Animation, Trial Software,
More informationCutting Edge Wage and Hour
Cutting Edge Wage and Hour Issues for the HR Professional Alison G. Fox Alison.Fox@faegrebd.com Amy Steketee Fox Amy.Fox@faegrebd.com 574.234.4149 4149 www.faegrebd.com Michiana SHRM Luncheon November
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 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 informationPaying Overtime Under the FLSA: Part 1. Presented on Wednesday, April 5, 2017
Paying Overtime Under the FLSA: Part 1 Presented on Wednesday, April 5, 2017 HOUSEKEEPING Credit Questions Topic Speaker HOUSEKEEPING Certificates delivered by email no later than 5/05/2017 Be watching
More 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 informationSystem-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 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 informationPAYROLL ACCOUNTING 2014
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
More informationTotal Rewards: Compensation & Hours of Work for Employees of the College
POLICY: 6Hx28:3C-01 Responsible Executive: Vice President, Organizational Development and Human Resources Policy Contacts: Director, Human Resources and Compliance Programs Specific Authority: 1001.64,
More informationThe Fair Labor Standards Act, Overtime Compensation, and Personal Data Assistants
The Fair Labor Standards Act, Overtime Compensation, and Personal Data Assistants Jon O. Shimabukuro Legislative Attorney September 12, 2011 CRS Report for Congress Prepared for Members and Committees
More informationSalt 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 informationPaying Overtime under the FLSA Part 1: The Rules and Regulations of Overtime under the FLSA Part 1
Paying Overtime under the FLSA Part 1: The Rules and Regulations of Overtime under the FLSA Part 1 Presented on Wednesday, August 31, 2016 1 2 Housekeeping 3 Credit Questions Today s topic Speaker To earn
More 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 informationGEORGIA 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 informationLegal Q & A Updated By Heather M. Lockhart, TML Assistant General Counsel, and Lola Wilson, TML Law Clerk
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
More informationPolicies 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 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 informationNSU FLSA Guidelines, Information and Tips for Supervisors
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
More informationFLSA EXEMPTION CHANGES WHERE ARE WE NOW?
FLSA EXEMPTION CHANGES WHERE ARE WE NOW? American Association of School Personnel Administrators Presented by Richard Verstegen Boardman & Clark LLP September 20, 2017 2017 All Rights Reserved. 2 What
More informationFair Labor Standards Act
Fair Labor Standards Act June 2016 Roger L. Bates Hand Arendall LLC 2001 Park Place North Birmingham, AL 35203 rbates@handarendall.com Fair Labor Standards Act ( FLSA ) Establishes standards for minimum
More informationNovember 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 informationDIFFERENCES 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 informationAll employees are required to keep time records. However, there is a difference between Exempt and Non-Exempt employees.
What employees are required to keep timecards? All employees are required to keep time records. However, there is a difference between Exempt and Non-Exempt employees. Who are Non-Exempt employees? Non-Exempt
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 informationWage and Hour Concerns
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
More informationSeven Lies Employees Tell You About Time & Pay. Presented by: Jaime Lizotte HR Solutions Manager
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
More informationGEORGIA DEPARTMENT OF JUVENILE JUSTICE I. POLICY:
GEORGIA DEPARTMENT OF JUVENILE JUSTICE Applicability: {x} All DJJ Staff { } Administration { } Community Services { } Secure Facilities Chapter 3: PERSONNEL Subject: WORK HOURS Attachments: A DJJ Time
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 informationSam Houston State University A Member of The Texas State University System
Finance & Operations Human Resources Policy ER-3 Work Schedules & Employee Compensation SUBJECT: PURPOSE: POLICY: Work Schedules & Employee Compensation To provide a standard policy for non-faculty employees
More informationPreparing for Year End: Year-End Calendars and Checklists
Comprehensive HR Preparing for Year End: Year-End Calendars and Checklists Handout Manual November 30, 2016 Release V11301674092_1CHR Copyright 2012 2016 ADP, LLC ADP Trademarks The ADP logo and ADP are
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 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 informationJanis A. Ingve, the plaintiff, individually, and on behalf of all others similarly situated, through below signed counsel, David H.
District Court City and County of Denver, Colorado City & County Building 1437 Bannock Street Denver, CO. 80202 DATE FILED: October 28, 2014 12:17 PM FILING ID: FA2C0E972B25D CASE NUMBER: 2014CV32468 Janis
More informationOvertime Pay Compliance for a New Era of Employment Law:
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
More informationUSPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution
Presenting a live 90-minute webinar with interactive Q&A USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution TUESDAY, MARCH 20, 2018 1pm Eastern 12pm
More informationMontgomery I.S.D Payroll Procedures Manual
Montgomery I.S.D. 2016-2017 Payroll Procedures Manual Table of Contents SECTION A GENERAL INFORMATION 01. INTRODUCTION... 2 02. LOCATION........ 2 03. PAYROLL CONTACT INFORMATION... 2 04. PAY DATES...
More informationFair Labor Standards Act (FLSA)
Fair Labor Standards Act (FLSA) Overtime Law 2016 Mandated by Presidential Executive Order and DOL Law Change (Section 7) Guide for Implementation at Troy University PLEASE NOTE: The policies and forms
More informationEMPLOYMENT 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 informationEffingham County Board of Commissioners
Effingham County Board of Commissioners THE OFFICE OF HUMAN RESOURCES EMPLOYMENT POLICIES SECTION 3: PAY FOR PERFORMANCE 3.01 POSITION CLASSIFICATION PLAN 3.02 PAY PLAN 3.03 COMPENSATION 3.04 HOURS OF
More informationThe 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 informationSUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF STANISLAUS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
1 1 Steven D. Waisbren, Esq., SB # 1 LAW OFFICES OF STEVEN D. WAISBREN 0 Canoga Avenue, Suite 00 Woodland Hills, California 1 Tel. ( - Scott A. Miller, Esq., SB # 0 Bonnie Fong, Esq., SB # LAW OFFICES
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 informationFlexible Work Schedule Procedure
Flexible Work Schedule Procedure Policy Statement It has been the practice of UNLV to allow the use of flexible work schedules where it is a viable management work option, and based on the individual circumstances
More informationSupervisor Training The Essentials for Managing Employees in Arizona State Government Questions and Answers
The following information was developed from the actual questions that were received from supervisors attending the supervisor training. WAGE AND HOUR 1. What is the difference between exempt and non-exempt?
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 informationOvertime Pay Claims for After-Hours Use of Electronic Devices: Navigating Latest DOL and Case Law Developments
Presenting a live 90-minute webinar with interactive Q&A Overtime Pay Claims for After-Hours Use of Electronic Devices: Navigating Latest DOL and Case Law Developments Defining Working Time, Leveraging
More informationHERNANDO 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 informationChapter 5 Compensation
Chapter 5 Compensation Section 1 Classification Listing - Marathon County Allocated Positions: The Hourly and Annual Pay Grids and Classification Listing are located under the Employee Resources Department
More informationAugust University of Cincinnati. Part 3
August 2016 University of Cincinnati FLSA Training FLSA Training for Supervisors: for Supervisors: Part 1 Part 3 Questions during the webinar? To ask a question, select to send to the host. Type your question
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 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 informationColorado Meal Period and Rest Break Policy and Acknowledgement Form
Colorado Meal Period and Rest Break Policy and Acknowledgement Form It is Sodexo s policy to comply with all state and local laws regarding meal periods and rest breaks, including those of the State of
More informationThe NEW White Collar Exemption Rule: How to Prepare
The NEW White Collar Exemption Rule: How to Prepare Wednesday, June 15, 2016 Today s Presenter: Erin R. Nathan (319) 896-4013 enathan@simmonsperrine.com CLE Notice: This webinar is an accredited program
More informationNew Department of Labor Overtime Rules: Are You Ready? September 29, 2016 Katie Welch, M.A., SPHR BeachFleischman
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?
More informationHERNANDO 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 October 24, 2017
More informationTitle VII Case Study: Plaintiff v. U.S. City
Title VII Case Study: Plaintiff v. U.S. City Defending Interviews Against a Title VII Adverse Impact Claim February 16, 2011 Visit BCGi Online If you enjoy this webinar, Don t forget to check out our other
More informationThe 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 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 informationHow 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 informationAvoiding FLSA Overtime Pay Claims for After-Hours Electronic Connectivity
Presenting a live 90-minute webinar with interactive Q&A Avoiding FLSA Overtime Pay Claims for After-Hours Electronic Connectivity Defining Work Time, Leveraging Defense Strategies and Defeating Class
More informationUUA Office of Church Staff Finances
November 15, 2016 UUA Office of Church Staff Finances 24 Farnsworth Street, Boston, MA 02210 www.uua.org/careers/compensation/finances Questions and Answers: Fair Labor Standards Act Webinar October 2016
More informationVendor Agreements and the New EU GDPR Steps to Take Now
Presenting a live 90-minute webinar with interactive Q&A Vendor Agreements and the New EU GDPR Steps to Take Now Complying With the EU General Data Protection and Privacy Regulation TUESDAY, JANUARY 30,
More informationClass 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 informationGuide 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 informationEmployee Handbook. Subject: Paid Time Off (PTO) Approved By: Employee Handbook Team. Effective Date: January 1, Reviewed: January 19, 2015
Subject: Paid Time Off () Approved By: Employee Handbook Team Employee Handbook Effective Date: January 1, 2006 Reviewed: January 19, 2015 HANDBOOK STATEMENT Huntington provides a flexible Paid Time Off
More informationSUBJECT: Overtime, Administrative Workweek, and Prescribed Hours of Duty for Civilian Employees
OFFICE OF THE SECRETARY OF DEFENSE 1950 DEFENSE PENTAGON WASHINGTON, DC 20301-1950 Administration & Management June 27, 1984 ADMINISTRATIVE INSTRUCTION NO. 28 SUBJECT: Overtime, Administrative Workweek,
More informationMission Statement/Statement of Purpose (You may also attach a copy of your organization s mission statement.)
The George Washington University Center for Career Services 2017-2018 FEDERAL WORK STUDY PARTICIPATION AGREEMENT Program Dates: August 27, 2017 - May 19, 2018 FOR OFF-CAMPUS ORGANIZATIONS (Not Involved
More informationFACILITIES OPERATIONS STANDARD PRACTICE. On-Call and Emergency Callback Standard Operating Practice
I. PURPOSE To establish responsibilities and compensation for staff who serve in an on-call status and/or who receive an emergency callback. II. PROCEDURES A. Definitions: Actual Time Worked the time from
More informationSECTION 4 COMPENSATION
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
More informationREGULATIONS LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS
REGULATIONS REG No.: 851 LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS I. BACKGROUND AND/OR LEGAL REFERENCE TASB Policy Manual, Compensation and Benefits: Leaves and Absences, 3-7-94; DED, Compensation and
More informationWage & Hour Audits: Ensuring Compliance With Classification, Overtime, And Other Employee Pay Requirements
Wage & Hour s: Ensuring Compliance With Classification, Overtime, And Other Employee Pay Requirements The Department of Labor, its state counterparts, and private plaintiffs attorneys are more aggressive
More informationDATE 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 informationEach status varies in its provisions with respect to eligibility, duration, documentation and approvals, as outlined below.
1 I. OVERVIEW The university is committed to providing Officers of Administration (OAs) with time to rest, relax, recharge, and tend to personal responsibilities through university scheduled holidays,
More informationWashington Meal Period and Rest Break Policy and Acknowledgement Form
Washington Meal Period and Rest Break Policy and Acknowledgement Form It is Sodexo s policy to comply with all state and local laws regarding meal periods and rest breaks, including those of the State
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 informationPolicy-NYPFL. New York Paid Family Leave (NYPFL)
New York Paid Family Leave (NYPFL) History: Issued: January 1, 2018 Revised: January 1, 2018 Related Policies: Family Medical Leave Act (FLMA), Disability Policy Applies to: All Faculty & Staff Responsible
More informationTOP 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 informationEXCESS WORK HOURS/OVERTIME PROCEDURE
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
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 informationMINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017)
INDUSTRIAL COMMISSION OF ARIZONA 800 W WASHINGTON STREET PHOENIX, ARIZONA 85007 (602) 542-4661 DISCLAIMER: This is an unofficial publication of the Industrial Commission of Arizona. All information provided
More informationEffectively Managing FMLA Intermittent Leave Abuse Issues Presented by Jimmy F. Robinson, Jr. (Richmond)
Effectively Managing FMLA Intermittent Leave Abuse Issues Presented by Jimmy F. Robinson, Jr. (Richmond). 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com INTERFERENCE Return to work Requiring
More information