Why Know About The FLSA?
|
|
- Julian Porter
- 6 years ago
- Views:
Transcription
1 FLSA: IT S ALL IN THE DETAILS Eddie Kreisberg, Principal Brandon Halter, Associate December 6, 2017 Why Know About The FLSA? Part of job Avoid violating Compliance/money 2 or 3 year statute of limitation Liquidated/double damages routinely awarded Attorneys fees for successful plaintiffs Useful for negotiations, MOUs, policies Identify/solve problems Potential good faith defense 2 Locating FLSA Problems Job Descriptions Personnel Policies / Rules MOUs and Side Letters Administrative Rules and Regulations Charter and Municipal Code Provisions Division or Department Policies or Rules Internal Memoranda re: FLSA Compliance FLSA Problem Evidence of Training or Receipt of Advice re: FLSA Legal, Administrative and Grievance Claims re: Overtime Past Practice 3 1
2 Locating FLSA Problems Payroll Procedures Payroll Software and Computer System Paychecks and Pay Stubs Time Cards and Department Timekeeper Practices 4 Overview Of The FLSA Who s Covered? Who s Not? White Collar Exemptions (Who is Exempt?) The Work Period Hours Worked Regular Rate of Pay (Overtime Calculations) Compensatory Time Off Record Keeping 5 Who s Covered? Who s Not? Certain Elected Officials and Staff to Elected Officials are Not Covered Non Employees Are Not Covered Independent Contractors Volunteers Trainees Prison inmates 6 2
3 Determining Overtime: The Process Is the employee exempt? What is the employee s work period? How many hours did the employee work during the work period? What is the employee s regular rate of pay? Identify compensation to be included Calculate overtime rate correctly 7 Exemption Determinations Need to know if FLSA exempt even if pay overtime Agency rules regarding agency overtime versus FLSA rules regarding FLSA overtime Lawsuit versus grievance Statute of limitations/time period covered Risk of liquidated/double damages Attorneys fees Evidence/relevant if sued Relevant to bargaining positions 8 Salary Basis Test Minimum of at least $455/week General rule Employee must receive full salary regardless of number of hours worked in a given workweek (i.e. even if work fewer than even if work fewer hours) O.k. if leave hours deducted Paying extra (overtime or admin pay) does not violate the salary basis test 9 3
4 Salary Basis Test Exceptions to Predetermined Pay Deductions of a day or more Required use of paid leave for less than a day Exception for Certain Disciplinary Deductions Suspension of a full workweek or more; or Discipline for major safety infractions Suspension of one or more days for violation of written workplace conduct rule E.g. written rule regarding harassment/discrimination, violence in workplace, drug and alcohol rules, etc. Does not apply to performance issues Exception for Furloughs for Exempt Employees 10 Duties Test Administrative Exemption Computer Professional Exemption Executive Exemption Professional Exemption Highly Compensated Employee Exemption Note: Some employees will satisfy more than one category of exemption) 11 White Collar Exemptions Do not determine By Management Label Based on Bargaining Group OK to have FLSA exempt and FLSA non FLSA exempt in same unit OK to pay all employees in a unit overtime even if not all FLSA exempt Based on whether pay City/ County/District or MOU overtime Based on whether Confidential under MMBA or Agency Policies Determine by Job Title Based on Work Schedule 12 4
5 Approach to Determining Exemption Status Review job description and apply duties tests Keep in mind date/accuracy of job descriptions Check if annual compensation exceeds $100,000 FLSA test is by position. Duties of persons working in classification may vary by department or position within department If cannot tell from job description if exempt, follow up on factual questions 13 Executive Exemption Primary duty of managing enterprise or recognized department or subdivision Re: primary, 50% of time or duties can be a rough/useful guide, but importance of particular duties also relevant May combine exempt duties to determine if primary duties are exempt Not just a group of people with someone working as a lead or foreperson 14 Executive Exemption Customarily and regularly directs work of two or more full time employees (or equivalent) Equivalent of 2 or more is OK, including part timers Exclude volunteers Distinguish between managing project and supervising people Assign work, direct work, evaluations, consider grievances Titles not dispositive but distinguish between lead, foreperson, coordinator, supervisor, superintendent and manager Authority to hire or fire (or recommendations on hiring, firing, promotion given particular weight) 15 5
6 Administrative Exemption 1. Primary duty is office or non manual work 2. Directly relates to the management or general business operations of the employer or the employer s customers 3. Exercises discretion and independent judgment regarding matters of significance Administrative exemption is the most! difficult to apply in the public sector 16 Administrative Exemption Primary duties must satisfy each of these elements Key is whether primary duties relate to general operations and policy matters Must exercise discretion and independent judgment on matters of significance rather than only coordinating efforts of others or applying checklists and standards developed by others 17 Professional Exemption Primary duty is office or non manual work Requires knowledge of advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction Exercises consistent discretion and independent judgment 18 6
7 Professional Exemption Doctors, lawyers, scientists, accountants, engineers, librarians usually qualify Paralegals, bookkeepers, engineering technicians do not qualify Distinguish managers or people with advanced degrees that may not satisfy test (e.g. Masters in Business or Urban Planning) though may qualify for different exemption 19 Computer Professional Earns at least $455/week for salaried employees and $27.63/hour for hourly employees Employed as computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field Primary duty of one or combination of the following: Application of systems analysis techniques and procedures Design, development, documentation, analysis, creation, testing or modification of computer systems or programs Design, documentation, testing, creation or modification of computer programs related to machine operating systems A combination of the above Distinguish between decision makers and designers and developers (exempt) with fixing, helpdesk and data entry (not exempt) 20 Highly Compensated Employees Highly Compensated Employees Exempt if Paid Over $100,000/Year Definitely if base salary over $100,000/year Safe if base salary plus pay associated with regular schedule (other than FLSA pay for regularly scheduled hours) exceeds $100,000/year Primary duty is non manual work Perform at least one exempt type duty regularly 21 7
8 The FLSA Workweek (Work Period) 7 day workweek Regularly re occurring 168 consecutive hours Designate start/end Schedule / hours worked will drive overtime 9/80 schedules starts/ends at mid point of 8 hour day Other alternative schedules Flexing start time, or number of hours in a day, or day(s) off 22 FLSA vs. Non FLSA Overtime Hours worked over 40 in a 7 day work period FLSA does not require overtime for: Hours over 37.5 in a week Hours over 8 or 10 in a day Hours outside regular schedule Hours worked on weekend or holiday Hours paid (as opposed to worked) over 40 in a week 23 The FLSA Workweek (Work Period) 7(k) work periods for public safety Formally adopt Establish perpetual work period calendar Calculate regular rate based on 7(k) Police/Sheriffs: 7 days/43 hours or 14 days/86 hours or 28 days/171 hours Firefighters: 24 day/182 hours or 27 days/204 hours or 28 days/212 hours Distinguish the work schedule or pay period 24 8
9 The 7(b) Work Period Need MOU or side letter between bona fide labor organization, as determined by the National Labor Relations Board FLSA owed for hours worked: Option 1: Over 12 in a day or over 1,040 in a 26 week period; or Option 2: Over 12 in a day or over 2,080 hours worked in 52 week period. If work more than 2,240 hours in 52 week period, 7(b) exemption is lost and 7 day workweek principles apply Useful for 24 hour operations (nurses, dispatchers, etc.) 25 Hours Worked Working Time vs. Paid Time De Minimis Time Rest Periods and Meal Periods On Call/Stand by/waiting Time Travel Time Ordinary travel to and from work no Travel during the workday yes Overnight travel yes if cuts across regular workday hours; yes if driving; no if using public transportation or offered public transportation and outside regular workday hours 26 Hours Worked Training Time Attendance must be outside of employee s regular work hours; Attendance must be voluntary; Training program must not be directly related to employee s job; and Employee must not perform any productive work during the training Pre and Post Shift Activities/Unscheduled Time Briefing time, canine care, donning and doffing, motorcycle maintenance, cleaning equipment or vehicles E mail and phone calls outside regular schedule Grievance Processing Time Hours worked if during employee s normal working hours 27 9
10 Hours Worked Strategies Require (written) permission to work overtime No work during lunch Discipline violations 28 Regular Rate Regular vs. Hourly Rate Includes: Shift differentials, retro pay increases, education incentives, standby, nondiscretionary bonuses, hazard, bilingual, longevity, special assignment, holiday pay, medical opt out of cash payments Doesn t Include: Reimbursements, true gifts, non discretionary bonuses, bona fide insurance benefit payments, uniform allowance, minimum call back hours not worked 29 Regular Rate Distinguish MOU overtime rate from FLSA overtime rate Should know if paying more than the law requires May determine whether grievance issue vs. FLSA lawsuit Statute of limitations, attorneys fees, liquidated damages, costs May influence agency s right to take a credit Entitled to credit against FLSA obligations certain premium pays for hours not qualifying as FLSA overtime (MOU overtime, extra holiday pay, etc.) Also entitled to credit for amounts already paid for applicable FLSA overtime hours, whether straight time as part of salary or as MOU overtime Can be challenging for Public Safety who typically have 24 or 27 or 28 day 7(k) FLSA work periods May need to do a look back every other pay period to determine if amounts paid satisfy FLSA obligations or if additional amounts are owed 30 10
11 Regular Rate Establish work week (or 7(k) work period) Convert monthly/semi monthly/bi weekly salary into work week (work period) equivalent Convert all other compensation to be included in FLSA regular rate into work week (work period) equivalent Alternatively, could convert to hourly increment Ex: $200/month bilingual pay = $200/month x 12 months / 2,080 hours = $1.15/hour Ex: 5% shift differential for $30/hour employee = $1.50/hour 31 Flores v. City of San Gabriel Cash paid as part of a health benefit plan/program must be included in the FLSA regular rate (opt out or cash portion of cafeteria plan); Contributions to plan need to be included in the regular rate if the plan is not bona fide, i.e. if more than an incidental amount of the overall contributions to the plan/program are taken as cash; In Flores, about 45% was taken as cash. Court said not incidental. Court questioned validity of Department of Labor s 20% standard, but did not decide the threshold for incidental. 32 Flores v. City of San Gabriel Because City had not affirmatively investigated whether these amounts should be included in the FLSA regular rate, violation was willful. So, three year statute of limitations applied. The impacts are significant. If $800/month taken as cash, will increase FLSA overtime rate by $6.92 for a 40 hour employee
12 Other FLSA Reminders May not credit amounts paid in excess of FLSA requirements in one FLSA workweek toward FLSA deficiencies in another FLSA work week May credit MOU overtime premiums against FLSA obligations Important if evaluating overall amounts paid and for which a credit may be taken against overall FLSA obligations in a workweek or work period Important if union/employees bring FLSA claim or lawsuit 34 Compensatory Time Off FLSA vs. Non FLSA Comp Time Maximum accruals Up to 480 for non safety and 240 hours for non safety Rules regarding requests to use comp time Must provide within reasonable period after request unless would unduly disrupt the agency Recent cases clarify agencies ability to deny employee to use comp time on particular day, even if give notice Cash Out at FLSA Regular Rate 35 Record Keeping Duty of employer Employer s burden at trial No specifically required form 36 12
13 Record Keeping Non Exempt Employee Name Home address Date of birth if under 19 Sex and occupation Time of day and day of week on which employee s work week begins Regular rate, basis on which wages are paid and amount and nature of each payment Hours worked each workday and workweek 37 Record Keeping Non Exempt Employee Total daily or weekly straight time earnings Total overtime excess compensation for workweek Total additions to or deductions from wages paid during pay period along with amounts, nature and dates of additions or deductions Total wages paid each pay period Date of payment and pay period covered by payment 38 Record Keeping Exempt Employee Name Home address Date of birth if under 19 Sex and occupation Total wages paid each pay period Date of payment and pay period covered by payment Basis on which wages and fringe benefits are paid 39 13
14 Discussion Q&A 40 Presenters Eddie Kreisberg Principal Brandon Halter Associate
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 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 informationNew Overtime Regulations and Common Wage and Hour Challenges
and Common Wage and Hour Challenges MOLLY CHERRY* OCTOBER 18, 2016 *Certified Labor and Employment Law Specialists OVERVIEW New Overtime Rule and Current Exemptions Options for Complying with Overtime
More 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 informationEXEMPT VS. NON-EXEMPT Identifying Employee Classification
EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In
More 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 informationNew 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 informationFLSA Game-Changing Rules for Boards of Education
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 jhall@bowlesrice.com Fair Labor Standards
More informationFair Labor Standards Act Part 541 Overtime Final Rule
Fair Labor Standards Act Part 541 Overtime Final Rule Presented by: Ivan L. Schraeder Lowenbaum Law 222 South Central Avenue, Suite 900 St. Louis, Missouri 63105 314.746.4823 telephone 314.746.4848 facsimile
More information2014 Brigham Young University Idaho Brigham Young University Idaho
2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2 Overview Northwestern University Football
More 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 informationFAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by:
FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by: Sandi P. Tarski starski@wabsa.c om 512-454-6864 Alexander S. Berk aberk@wabsa.c om 214-574-8800 1 FLSA BASICS
More 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 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 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 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 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 informationEXECUTIVE EXEMPTION WORKSHEET
EXECUTIVE Job Title: Note: When completing this worksheet for a position that has two or more incumbents, you must be able to answer all of SALARY LEVEL TEST Yes No Comments 1. Does the employee currently
More information10/9/2015 WAGE & HOUR ISSUES: FLSA, COACHES AND CASTLE ROCK FLSA AND STATE LAW FAIR LABOR STANDARDS ACT & MINIMUM WAGE ACT
WAGE & HOUR ISSUES: FLSA, COACHES AND CASTLE ROCK Tracy M. Miller School Law Employment & Labor Relations FLSA AND STATE LAW FAIR LABOR STANDARDS ACT & MINIMUM WAGE ACT FLSA federal Establishes minimum
More 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 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 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 informationFall 2017 TAMCAR Institute. Objectives for the Day. Agenda. Richard L. Stokes. FLSA Update: Things Have Changed 1
Fall 2017 TAMCAR Institute Dealing with Overtime and On-Call Pay Issues Richard L. Stokes, PHR, SHRM CP, IPMA SCP Municipal HR Consultant University of TN MTAS Objectives for the Day Understand the general
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 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 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 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 informationFLSA Compliance. Presented by Stephanie Buduhan, PSK LLP June 20, 2017
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
More informationSUMMARY OF CALIFORNIA AND FEDERAL LAW
SUMMARY OF AND FEDERAL LAW 110 West C Street, Suite 1300 San Diego, California 92101 (619) 682-4811 PROPERLY CLASSIFYING EMPLOYEES SALARY TEST SALARY TEST EXECUTIVE ADMINISTRATIVE PROFESSIONAL 1.salary
More informationNew Reality for Exempt Employees
New Reality for Exempt Employees Pittsburgh Employment Law Conference Amanda MacDonald Carly Osadetz (412) 394-2507 (313) 965-8464 amacdonald@ cosadetz@ October 15, 2015 TOPICS TO BE COVERED Current Department
More 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 information2016 Fair Labor Standards Act (FLSA) Changes
2016 Fair Labor Standards Act (FLSA) Changes Toolkit for Managers and Supervisors 2016 Fair Labor Standards Act (FLSA) Changes Toolkit for Managers and Supervisors About This Toolkit More university staff
More 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 information2. Does the employee have 2 or more employees reporting to them?
California Exempt vs. n-exempt Test as of 1/1/2016 Executive Exemption: The executive exemption applies to one who is in charge of unit or department within a company, and who ordinarily supervises the
More informationSTATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION PROCEDURE
PAGE: 1 of 7 TITLE: OVERTIME COMPENSATION POLICY REFERENCE NUMBER: 8-2-104 DIVISION OF RESPONSIBILITY: Human Resource Services DATE OF LAST REVISION: June 9, 2017 DISCLAIMER PURSUANT TO SECTION 41-1-110
More informationNEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS
NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS By: William James Rogers, Esquire Thomson, Rhodes & Cowie, P.C. Introduction On April 23, 2004, the U.S. Department of Labor published in the Federal
More informationFair Labor Standards Act. Wage and Hour Pitfalls
Fair Labor Standards Act Wage and Hour Pitfalls FLSA Wage and Hour Pitfalls Presented by: Howard M. Brown Bartlett Hackett Feinberg P.C. 155 Federal Street, 9 th floor Boston, MA 02110 (617) 422-0200 hmb@bostonbusinesslaw.com
More informationArizona Minimum Wage Act
Arizona Minimum Wage Act Frequently Asked Questions and Answers Under A.R.S.23-364(A), which became effective January 1, 2007, the Industrial Commission of Arizona was given the authority to enforce and
More informationFLSA: Exemption Test Questionnaire
FLSA: Exemption Test Questionnaire Incumbent s Current Job Title: Incumbent Salary: Incumbent Name: Department: Supervisor s Name: Supervisor s Title: Date Completed: Completed by: Pay Band: Please note
More information2011 WAGE AND HOUR OVERVIEW INDEX. I. OVERVIEW OF APPLICABLE LAWS...1 A. Fair L abor Standards Act...1 B. North Carolina Wage and Hour Act...
2011 WAGE AND HOUR OVERVIEW INDEX I. OVERVIEW OF APPLICABLE LAWS...1 A. Fair L abor Standards Act...1 B. North Carolina Wage and Hour Act...3 II. TERMS OF ART...4 A. Work week...4 B. Regular rate...4 C.
More informationFLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests
FLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests Federal law provides that certain PSU employees may be exempt from the overtime wage provisions
More informationWorksheet to Help Determine Exempt/Non-Exempt Status of Managerial or Executive Employees*
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
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 informationFLSA Overtime Rule. Implications and Strategies for Higher Education SPEAKERS. Jim Ratchford Partner, Higher Education Practice Leader
FLSA Overtime Rule Implications and Strategies for Higher Education SPEAKERS Jim Ratchford Partner, Higher Education Practice Leader Garry Straker Health & Benefits, Compensation & Human Capital A Hard
More informationChange in Overtime Regulations - Frequently-Asked Questions
Change in Overtime Regulations - Frequently-Asked Questions 1. What is the Fair Labor Standards Act (FLSA)? The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth
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 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 informationCompensable Time Policy
Compensable Time Policy Unit: Human Resources Effective Date: 12/1/16 Revision Date: 4/2/17 Contact: Nancy Whittaker Title: Associate Vice President for Human Resources Purpose This policy is intended
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 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 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 informationCompensable Hours Worked by FLSA Nonexempt Employees. UWSA Office of Human Resources and Workforce Diversity
Compensable Hours Worked by FLSA Nonexempt Employees UWSA Office of Human Resources and Workforce Diversity TABLE OF CONTENTS What is the Fair Labor Standards Act? What is the difference between exempt
More informationFLSA Compliance: Exempt vs. Non-exempt Classification Audit **FEDERAL**
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
More informationPresented at the ALABAMA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS 48 TH ANNUAL MEETING MAY 3, 2017 ORANGE BEACH, ALABAMA
SO, YOU THINK YOU KNOW THE FAIR LABOR STANDARDS ACT by GREGG L. SMITH SENIOR HR ADVISOR LYONS HR Presented at the ALABAMA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS 48 TH ANNUAL MEETING MAY 3, 2017 ORANGE
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 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 information(a) Definitions. Unless otherwise indicated, the following words shall, for purposes of this section, have the following meanings:
Sec. 14-168. - Attendance; workweek; overtime compensation, etc. (a) Definitions. Unless otherwise indicated, the following words shall, for purposes of this section, have the following meanings: (1) Compensatory
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 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 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 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 informationTo earn HRCI & SHRM credit
Federal Exemption Guidelines for Salaried Employees Presented by Marie Davis, Esq. Landegger Baron Law Group, ALC Exclusively Representing Employers Employment Law, Advice, Litigation and Solutions www.landeggeresq.com
More informationWHO ARE YOU CALLING, "MANAGER"? THE PROPOSED WHITE-COLLAR EXEMPTION OVERTIME REGULATIONS
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
More informationAdministrative Exemption
Federal Guidelines Administrative Exemption To qualify for the administrative employee exemption, all of the following tests must be met: - The employee must be compensated on a salary or fee basis (as
More 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 informationCTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement
Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained
More informationWage & Hour Insurance Application
Wage & Hour Insurance Application I. GENERAL INFORMATION: 1. Applicant Name: 2. Principal Address: 3. Web address: 4. Contact Person (name, title, e-mail, telephone): II. EMPLOYEE INFORMATION: 1. Please
More informationThe Basics of Wage and Hour Laws
The Basics of Wage and Hour Laws Click Here to Enter ebook 1 Preface The Fair Labor Standards Act (FLSA) is a federal law that regulates minimum wage, overtime pay, child labor and recordkeeping. Employees
More informationWelcome to the Wage and Hour Issues in Life Sciences: Strategies to Avoid Litigation Webcast
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.
More informationFLSA: Final Rule THOMAS R. HEARD, MBA, MS ASSISTANT DIRECTOR OF HUMAN RESOURCES JESSICA NORTHCUTT HRIS/TRAINING MANAGER
FLSA: Final Rule THOMAS R. HEARD, MBA, MS ASSISTANT DIRECTOR OF HUMAN RESOURCES JESSICA NORTHCUTT HRIS/TRAINING MANAGER What is FLSA? 2 The FLSA establishes minimum wage, overtime pay, recordkeeping, and
More informationFair Labor Standards Act (FLSA) Toolkit for Unit Administrative Staff November 23, 2016 update February 1, 2017
Fair Labor Standards Act (FLSA) Toolkit for Unit Administrative Staff November 23, 2016 update February 1, 2017 Presentation content comes from DoL, CUPA, University of Missouri, MUS sources, and in consultation
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 information8.03 HOURS OF WORK, OVERTIME COMPENSATION & MANAGEMENT LEAVE: FLSA EXEMPT EMPLOYEES
CITY OF PORTLAND HUMAN RESOURCES ADMINISTRATIVE RULES CLASSIFICATION & COMPENSATION 8.03 HOURS OF WORK, OVERTIME COMPENSATION & MANAGEMENT LEAVE: FLSA EXEMPT EMPLOYEES Overtime Compensation Not Authorized
More informationTime Keeping Fair Labor Standards Act
Time Keeping Fair Labor Standards Act Presented by: Mark R. Hunter, CRIS 801-671-2431 mrhunter@summitrmi.com Rick Bjornson 801-815-1131 rbjornson@summitrmi.com www.summit-risk.com Disclaimer: The information
More informationINSTANT EXECUTIVE BRIEFING. FLSA Self-Audit: Exempt vs. Nonexempt. Compensation & Benefits SPECIALIST BLSA
INSTANT EXECUTIVE BRIEFING FLSA Self-Audit: Exempt vs. Nonexempt HR SPECIALIST Compensation & Benefits BLSA Contents DOL stops issuing opinion letters...................... 2 Audit: Test your compliance...........................
More informationEmployee Benefits Alert
Employee Benefits Alert Issue No. 13 HR Partner April 2004 Benefits Brokerage & Consulting Services Rx Purchasing Coalition HR Consulting Data Analysis Benefits Administration Retirement Services Predictive
More informationSEATTLE LABOR STANDARDS
Last updated 10/10/16 CITY OF SEATTLE OFFICE OF LABOR STANDARDS SEATTLE LABOR STANDARDS Business Support Darius Foster 206 386 1238 Darius.foster@seattle.gov Kerem Levitas 206 386 9758 Kerem.levitas@seattle.gov
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 informationCTAS e-li. Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay
Published on e-li (http://eli.ctas.tennessee.edu) January 03, 2018 Calculating Overtime Pay Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library
More 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 informationDEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW
DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW Presented to: Thursday, September 29, 2016 Today s Presenters 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing
More informationTime Entry Training for Newly Nonexempt Positions
Time Entry Training for Newly Nonexempt Positions November 2016 Training Facilitators: Doug Anderson, Payroll Manager Andrea Little, University Human Resources Lisa Negus, University Human Resources Ruth
More informationFLSA Changes for 2016
FLSA Changes for 2016 The Department of Labor (DOL) published final regulations on May 18, 2016. In Brief: The FLSA generally requires covered employers, including ISU, to pay their employees overtime
More informationGuide for FLSA and Timekeeping Responsibilities
Guide for FLSA and Timekeeping Responsibilities This guide provides an overview of the Fair Labor Standards Act (FLSA) and its requirements, including how it relates to timekeeping responsibilities for
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 informationFair Labor Standards Act (FLSA)
Fair Labor Standards Act (FLSA) Update for Employees Miranda Pratt, Manager, Human Resources Laura Boyd, Assistant Director, Human Resources November 2016 Agenda Today We will Answer What is the Fair Labor
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 informationThe Final FLSA Overtime Rule
The Final FLSA Overtime Rule Issue 4 2016 On May 18, 2016 the Department of Labor released the final rule regarding the overtime regulations of the Fair Labor Standards Act (FLSA). While the rule maintains
More informationATTACHMENT 1 Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART
Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART DOES THE EMPLOYEE RECEIVE A WEEKLY SALARY OF MORE THAN $250? YES -- Does the employee spent more
More 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 informationPaying Salespeople: Commission, Overtime, and Minimum Wage Concerns. Bryan P. Cavanaugh. The Cavanaugh Law Firm October 12, 2017
+ Paying Salespeople: Commission, Overtime, and Minimum Wage Concerns Bryan P. Cavanaugh The Cavanaugh Law Firm October 12, 2017 + Is the salesperson exempt? The Outside Sales Exemption What does outside
More informationGEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures. Authority: Effective Date: Page 1 of Donald/Owens 9/15/
GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures Functional Area: Subject: Working Hours, Overtime, and Compensatory Time (FLSA) Revises Previous Authority: Page 1 of Donald/Owens I. POLICY:
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 informationLABOR AGREEMENT SEASONAL MAINTENANCE EMPLOYEES. For the Period: MINNEAPOLIS PARK AND RECREATION BOARD. and CITY EMPLOYEES LOCAL #363
MINNEAPOLIS PARK AND RECREATION BOARD and CITY EMPLOYEES LOCAL #363 LABOR AGREEMENT SEASONAL MAINTENANCE EMPLOYEES For the Period: January 1, 2017 through December 31, 2018 1 COLLECTIVE BARGAINING AGREEMENT
More information(4) Total tip credit in an overtime workweek (i.e., total tip credit )
Revision 737 FIELD OPERATIONS HANDBOOK 12/01/2016 32j18 32j18 (a) Tipped employees. FLSA 3(m) tip credit in an overtime workweek Section 3(m) of the FLSA (see 29 USC 203(m)), permits an employer meeting
More informationGuide to Fair Labor Standards Act (FLSA) And PISD Regulations
Guide to Fair Labor Standards Act (FLSA) And PISD Regulations What does it Regulate? Minimum Wage Requirements Employee Status Overtime Requirements Child Labor Provisions Recordkeeping Who is Covered?
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 informationTHE NEW FEDERAL OVERTIME EXEMPTIONS 1 JUNE 17, 2004
THE NEW FEDERAL OVERTIME EXEMPTIONS 1 JUNE 17, 2004 On April 23, 2004, the U.S. Department of Labor (DoL) issued final revisions to the white-collar exemptions from overtime under the Fair Labor Standards
More information