CORSA HR Helpline: What Issues Are Trending Fair Labor Standards Act

Size: px
Start display at page:

Download "CORSA HR Helpline: What Issues Are Trending Fair Labor Standards Act"

Transcription

1 CORSA HR Helpline: What Issues Are Trending Fair Labor Standards Act Jeffrey A. Stankunas, Esq. Isaac, Wiles, Burkholder & Teetor, LLC office

2 Fair Labor Standards Act of 1938 Minimum Wage Overtime Child Labor Laws Recordkeeping

3 Minimum Wage Federal Minimum Wage Law 1938 $ $7.25 Ohio s Minimum Wage Law 2017 $8.15

4 Overtime 1 ½ time Regular Rate for each hour worked over 40 in a work week Work week = 7 consecutive day period designated by the employer Fire Protection and Law Enforcement (Section 7(k)) Public Employer may establish 7 to 28 day consecutive work week 14-day pay period, overtime is not owed until the employee s hours have exceeded 86 hours per pay period

5 Hours Worked Suffered or Permitted Even if not requested of the employee Voluntary work is generally compensable! Public employees can volunteer if their services are not the same type of services they are employed to perform (ex. city police officer who volunteers as a part-time referee in basketball league sponsored by city) All time during which an employee is required to be on employer s premises, on duty, or at a prescribed work site Actual hours worked does not include leave time

6 Exempt Employees White collar employees Executive Administrative Professional Outside Sales Highly Compensated Exemptions are NARROWLY CONSTRUED against the employer! Employers must demonstrate employees fit plainly and unmistakably within the exemption terms

7 Exempt Test Salary Level (Pre-12/1/16 and under current nationwide injunction) At least $455 per week ($23, annually) Except certified doctors, lawyers, teachers, outside sales Salary Basis An employee of a public agency who otherwise meets the salary basis requirements will not be disqualified: so long as they are paid according to a pay system established by statute under which the employee accrues personal leave and sick leave and which requires the employee s pay to be reduced or such employee to be placed on leave without pay for absences for personal reasons or because of illness or injury of less than one work-day when accrued leave is not used by an employee because: (1) permission for its use has not been sought or has been sought and denied; (2) accrued leave has been exhausted; or (3) the employee chooses to use leave without pay.

8 Salary Basis Guaranteed minimum pay for any week in which employee performs work Do not have to pay employee for a week in which he performs no work Generally, salaried employees cannot have wages reduced based on quality or quantity of work performed

9 Salary Basis Permitted Deductions: Penalties for infractions of safety rules of major significance Disciplinary suspensions of one or more full days imposed in good faith for misconduct FMLA (full or partial days)

10 Effect of Improper Deductions Overtime exemption is lost: For the employee; For all employees working in the same classification for the same manager responsible for the improper deductions.

11 Executive Exemption Primary duty is comprised of management of the enterprise or of a customarily recognized department of division; Customarily and regularly directs the work of 2 or more full time employees or the equivalent; and Has authority to hire or fire employees or whose recommendation is given significant weight

12 Executive Exemption Management includes, but is not limited to: interviewing, selecting, and training of employees; setting and adjusting rates of pay and hours of work; directing the work of employees; appraising employees productivity and efficiency for the purpose of recommending promotions; handling employee complaints and grievances; and disciplining employees

13 Administrative Exemption Primary Duty is comprised of performance of office or nonmanual work directly related to management or general business operations of the employer and employer s customers Functional areas such as accounting, marketing, HR, purchasing - AND- Exercises discretion and independent judgment with respect to matters of significance Involves comparison and evaluation of possible courses of conduct and acting after the various possibilities have been considered independent of immediate and direct supervision Is not equivalent to use of skill in applying well-established techniques or standards

14 Professional Exemption Learned Professional Performs work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction Creative Professional Performs work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. Computer Professional Primary duty must consist of application of systems analysis techniques and procedures to determine system functional specifications Design, development, documentation, analysis, modification, or testing of computer systems or programs

15 DOL NEW RULE - eff. December 1, 2016, but stayed by nationwide injunction on November 22, Standard salary level set at 40 th percentile of earnings for fulltime salaried employees in the lowest Census region. $913 weekly ($47,476 annually) Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the above percentiles

16 Nationwide Injunction Judge Amos Mazzant of the Eastern District of Texas stayed implementation of the regulation He ruled the DOL would have exceeded its authority under the FLSA by making the overtime exemption conditioned on an employee s salary rather than whether the employee performed an executive, administrative, or professional job function The DOL has appealed the decision to the 5 th Circuit Court of Appeals

17 What Should Employer s Do? If the regulation were to ultimately be held valid and implemented, how will courts treat the interim period between the initial effective date of Dec. 1, 2016, and the date of implementation? Federal courts have had varying opinions on whether employers are expected to comply with previously enjoined administrative rules by the proposed effective date, or not until the rules are declared valid by an appeals court

18 What Should Employer s Do? Employers face a conundrum: Pay overtime compensation to employees affected by the rule and risk never recouping those payments if the rule remains invalidated, or withhold overtime compensation from those employees affected by the rule and gamble that a court will not impose back pay and possibly liquidated damages

19 What Should Employer s Do? Do not award significant pay increases, but temporarily reclassify and limit affected employees to 40-hour workweeks. At this particular time, do not increase a reclassified employee s pay just to meet the increased salary standard for the exemption. Prohibit overtime work without prior authorization Pay overtime compensation to affected employees RECORDS!!!!! Start tracking time Keep records as required by DOL

20 What Should Employer s Do? Notify employees that will be affected Be consistent with the message and rationale Share that DOL and uncertainly concerning injunction is forcing you to temporarily reclassify workers Provide clear next steps how will it affect the worker Offer a feedback loop Update job descriptions and sign any necessary policies such as breaks, late arrivals, early departures, etc.

21 Volunteers Volunteers are subject to minimum wage and overtime UNLESS all the following criteria apply: The volunteer service is provided to a nonprofit organization or to a public agency for civic, charitable, or humanitarian purposes; The volunteer must not displace regular employed workers or perform work that would otherwise be performed by regular employees; There must be a complete absence of coercion, or under pressure; and The volunteer may not receive more than a nominal compensation

22 Breaks and Meal Times Breaks: If less than 30 minutes, are hours worked and compensable Meal times: If 30 minutes or more, and completely relieved of duty, is not hours worked

23 On Call Time On call while at employer s premises hours worked On call at home or elsewhere after providing a phone number to be reached generally not hours worked

24 Travel Time Time spent traveling from home to the work site and back is not hours worked unless: Employee travels to a distant city on a special one-day assignment (less normal commute time) Employee performs work on the way to and from the work site Time spent traveling during the day as part of the employee s duties is generally hours worked Overnight trips: Travel time that corresponds to normal working hours or days employee does not work is compensable Meal time is not compensable Generally, time spent outside regular working hours as a passenger on a plane, bus, etc is not hours worked

25 Compensatory Time Exception available only to public employees Employee must agree prior to commencing work 1 ½ hours of compensatory time in lieu of overtime for each hour worked Work in a public safety, emergency response, or seasonal activity = accrue no more than 480 hours Any other work = accrue no more than 240 hours Payout of compensatory time shall be paid at the regular rate earned by the employee at the time the employee receives the payment

26 Interns Subject to minimum wage and overtime rules unless: The internship is similar to training which would be given in an educational environment; The internship experience is for the benefit of the intern; The intern does not displace regular employees; The employer receives no immediate advantage from any activities performed by the intern, and on occasion, operations may be impeded by the intern; The intern is not necessarily entitled to a job at the conclusion of the internship; or The employer and intern understand the intern is not entitled to wages during the internship

27 Recordkeeping Employer must keep for each non-exempt employee: Name, address, date of birth (if younger than 19) Social Security Number Gender Occupation Work week dates and times Hours worked each day and week Basis ofpayment hourly, weekly, piecemeal, commission Regular hourly pay rate

28 Recordkeeping Earnings Total daily or weekly straight-time pay Total overtime pay for work week Any additions to, or deductions from, the employee s wages Total wages paid each pay period Date of payment and pay period covered by the payment

29 Record Retention Payroll records 3 years Timecards, schedules, etc. 2 years

30 Enforcement Audits by DOL Complaints by employees Spontaneous by DOL Lawsuits initiated by DOL Lawsuits initiated by employees Class action lawsuits

31 FLSA Liability 2 to 3 years of back overtime pay not paid Liquidated damages of 100% Attorney fees

32 Independent Contractors DOL BWC UC Commission IRS OPERS

33 Common Law Right to Control Level of instruction. If the employer directs when, where, and how work is done, this control indicates a possible employment relationship. Amount of training. Requesting workers to undergo employer provided training suggests an employment relationship since the employer is directing the methods by which work is accomplished. Degree of business integration. Workers whose services are integrated into business operations or significantly affect business success are likely to be considered employees. Extent of personal services. Employers who insist on a particular person performing the work assert a degree of control that suggests an employment relationship. In contrast, independent contractors typically are free to assign work to anyone.

34 Common Law Right to Control Control of assistants. If an employer hires, supervises, and pays a worker's assistant, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship. Continuity of relationship. A continuous relationship between an employer and a worker indicates a possible employment relationship. However, an independent contractor arrangement can involve an ongoing relationship for multiple, sequential projects. Flexibility of schedule. People whose hours or days of work are dictated by an employer are apt to qualify as employees.

35 Common Law Right to Control Demands for full-time work. Full-time work gives an employer control over most of a person's time, which supports a finding of an employment relationship. Need for on-site services. Requiring someone to work on the employer s premises particularly if the work can be performed elsewhere indicates a possible employment relationship. Sequence of work. If an employer requires work to be performed in specific order or sequence, this control suggests an employment relationship.

36 Common Law Right to Control Requirements for reports. If a worker regularly must provide written or oral reports on the status of a project, this arrangement indicates a possible employment relationship. Method of payment. Hourly, weekly, or monthly pay schedules are characteristics of employment relationships, unless the payments simply are a convenient way of distributing a lump-sum fee. Payment on commission or project completion is more characteristic of independent contractor relationships. Payment of business or travel expenses. Independent contractors typically bear the cost of travel or business expenses, and most contractors set their fees high enough to cover these costs. Direct reimbursement of travel and other business costs by a company suggests an employment relationship.

37 Common Law Right to Control Provision of tools and materials. Workers who perform most of their work using company-provided equipment, tools, and materials are more likely to be considered employees. Work largely done using independently obtained supplies or tools supports an independent contractor finding. Investment in facilities. Independent contractors typically invest in and maintain their own work facilities. In contrast, most employees rely on their employer to provide work facilities. Realization of profit or loss. Workers who receive predetermined earnings and have little chance to realize significant profit or loss through their work generally are employees.

38 Common Law Right to Control Work for multiple employers. People who simultaneously provide services for several unrelated employers are likely to qualify as independent contractors. Availability to public. If a worker regularly makes services available to the general public, this supports an independent contractor determination. Control over discharge. An employer s unilateral right to discharge a worker suggests an employment relationship. In contrast, a company's ability to terminate independent contractor relationships generally depends on contract terms. Right of termination. Most employees unilaterally can terminate their work for a company without liability. Independent contractors cannot terminate services without liability, except as allowed under their contracts.

39 DOL Standard Economic Realities Test Whether the worker is economically dependent on the employer. Is the work an integral part of the employer s business? Does the worker s managerial skill affect the worker s opportunity for profit or loss? Does the work performed require special skill and initiative? How does the worker s relative investment compare to the employer s investment? Is the relationship permanent or indefinite? What is the nature and degree of control by the employer? Is there a degree of independent business organization and operation?

40 DOL Standard DOL does not consider relevant: place work is performed absence of a formal agreement whether alleged independent contractor is licensed by state or local government

41 Examples of Independent Contractors Who Should Be Employees Individual contracted to provide same building maintenance responsibilities previously provided by an employee; Individuals contracted to perform investigative services for County Coroner; Individual contracted to perform financial consulting services by Court who was previously employed as CFO by Court; and Grant funded positions for Court for drug counselor, community service program director, and administrative assistant

42 Thank you Jeffrey A. Stankunas, Esq. Isaac Wiles Burkholder & Teetor, LLC Two Miranova Place, Suite 700 Columbus, Ohio Phone: Fax:

New Overtime Pay Rule

New Overtime Pay Rule New Overtime Pay Rule Overview On May 18, 2016, the U.S. Department of Labor (DOL) released its final rule updating overtime requirements for employers. The rule takes effect December 1, 2016 and makes

More information

FLSA Essentials: Practically Applying the Most Recent Legal Perspectives

FLSA Essentials: Practically Applying the Most Recent Legal Perspectives FLSA Essentials: Practically Applying the Most Recent Legal Perspectives Lauren A. Smith Lanier Ford Shaver & Payne P.C. 2101 W. Clinton Ave., Suite 102 Huntsville, Alabama 35805 256 535 1100 LAS@LanierFord.com

More information

FLSA PROVISIONS & PITFALLS. Joe Gorfida, Jr. Main Office: (214) Direct Dial: (214)

FLSA PROVISIONS & PITFALLS. Joe Gorfida, Jr. Main Office: (214) Direct Dial: (214) FLSA PROVISIONS & PITFALLS Joe Gorfida, Jr. jgorfida@njdhs.com Main Office: (214) 965-9900 Direct Dial: (214) 665-3323 THE FAIR LABOR STANDARDS ACT ( FLSA ) Passed in 1938 Established minimum wage for

More information

Fair Labor Standards Act Part 541 Overtime Final Rule

Fair Labor Standards Act Part 541 Overtime Final Rule Fair Labor Standards Act Part 541 Overtime Final Rule Presented by: Ivan L. Schraeder Lowenbaum Law 222 South Central Avenue, Suite 900 St. Louis, Missouri 63105 314.746.4823 telephone 314.746.4848 facsimile

More information

Fair Labor Standards Act (FLSA) Presented by Jackson State University Department of Human Resources Mrs. Robin Spann-Pack, Executive Director

Fair Labor Standards Act (FLSA) Presented by Jackson State University Department of Human Resources Mrs. Robin Spann-Pack, Executive Director Fair Labor Standards Act (FLSA) Presented by Jackson State University Department of Human Resources Mrs. Robin Spann-Pack, Executive Director What is the Fair Labor Standards Act? The Fair Labor Standards

More information

Nicole Sellers. Fair Labor Standards Act. Presented by the. U.S. Department of Labor Wage and Hour Division. TACA Short Course February 27, 2012

Nicole Sellers. Fair Labor Standards Act. Presented by the. U.S. Department of Labor Wage and Hour Division. TACA Short Course February 27, 2012 Fair Labor Standards Act Presented by the Nicole Sellers TACA Short Course February 27, 2012 Major Provisions Coverage Minimum Wage Overtime Pay Youth Employment Recordkeeping Employment Relationship In

More information

OVERTIME OVERHAUL: WHAT YOU NEED TO KNOW ABOUT EXEMPT AND NONEXEMPT STATUS

OVERTIME OVERHAUL: WHAT YOU NEED TO KNOW ABOUT EXEMPT AND NONEXEMPT STATUS OVERTIME OVERHAUL: WHAT YOU NEED TO KNOW ABOUT EXEMPT AND NONEXEMPT STATUS AND OTHER WAGE AND HOUR PITFALLS January 17, 2017 M i s s y M c J u n k i n s D u k e C r o s s, G u n t e r, W i t h e r s p

More information

FLSA Game-Changing Rules for Boards of Education

FLSA 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 information

#OvertimeRules. What the new overtime rules mean to YOU!

#OvertimeRules. What the new overtime rules mean to YOU! #OvertimeRules What the new overtime rules mean to YOU! Andrew Shipp 936-553-0920 ashipp@shipplawfirm.com Polly Etta Sunda 936-569-5918 psunda@axleyrode.com Thank you, Sponsors! Disclaimer The information

More information

CTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement

CTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained

More information

Managing the Changes in the Fair Labor Standards Act

Managing the Changes in the Fair Labor Standards Act Managing the Changes in the Fair Labor Standards Act 2016 Summer Conference June 29, 2016 Linda Bond Edwards Linda Bond Edwards Overview of Changes Become effective December 1, 2016; Increases minimum

More information

2016 CICBN WAGE AND HOUR ISSUES. Becky S. Knutson Davis Brown Law Firm

2016 CICBN WAGE AND HOUR ISSUES. Becky S. Knutson Davis Brown Law Firm 2016 CICBN WAGE AND HOUR ISSUES Becky S. Knutson Davis Brown Law Firm STATUTORY BACKGROUND Fair Labor Standards Act federal law Enacted in 1938 revisions in 1958, 1961, 1963, 1967, 1970, 1973, 1975, and

More information

Wage and Hour Issues in the Workplace: Understanding the Fair Labor Standards Act (FLSA) April 3, 2019

Wage and Hour Issues in the Workplace: Understanding the Fair Labor Standards Act (FLSA) April 3, 2019 Wage and Hour Issues in the Workplace: Understanding the Fair Labor Standards Act (FLSA) April 3, 2019 Jen Rick, Human Resources Colleen Treml, Office of Legal Affairs Objectives Understand legal provisions

More information

FAIR LABOR STANDARDS ACT (FLSA)

FAIR LABOR STANDARDS ACT (FLSA) Celina city SCHOOL DISTRICT 6700/page 1 of 6 REVISED POLICY - VOL. 35, NO. 2 FAIR LABOR STANDARDS ACT (FLSA) It is the Board of Education s policy to comply with the provisions of the Fair Labor Standards

More information

Fair Labor Standard Act ( FLSA ) & Framingham Public Schools. A Presentation by the Office of Human Resources

Fair Labor Standard Act ( FLSA ) & Framingham Public Schools. A Presentation by the Office of Human Resources Fair Labor Standard Act ( FLSA ) & Framingham Public Schools A Presentation by the Office of Human Resources What is the purpose of FLSA? Restrict child labor Establish a minimum wage Establish a 40-hour

More information

WHY WAGE AND HOUR CLAIMS WILL REMAIN AT RECORD HIGHS. By: James M. Reid, IV, Esq. I. WHY ARE WAGE AND HOUR CLAIMS AT RECORD HIGHS?

WHY WAGE AND HOUR CLAIMS WILL REMAIN AT RECORD HIGHS. By: James M. Reid, IV, Esq. I. WHY ARE WAGE AND HOUR CLAIMS AT RECORD HIGHS? WHY WAGE AND HOUR CLAIMS WILL REMAIN AT RECORD HIGHS By: James M. Reid, IV, Esq. I. WHY ARE WAGE AND HOUR CLAIMS AT RECORD HIGHS? A. Many employees feel cheated since unions and other advocates have created

More information

UNIVERSITY OF ROCHESTER

UNIVERSITY OF ROCHESTER UNIVERSITY OF ROCHESTER OFFICE OF HUMAN RESOURCES COMPENSATION DIVISION HR COMPLIANCE TRAINING FEDERAL & NEW YORK STATE LABOR LAW It is the responsibility of each individual faculty or staff member acting

More information

FLSA EXEMPTION CHANGES WHERE ARE WE NOW?

FLSA 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 information

EXEMPT VS. NON-EXEMPT Identifying Employee Classification

EXEMPT VS. NON-EXEMPT Identifying Employee Classification EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In

More information

Amendments to the Fair Labor Standards Act

Amendments to the Fair Labor Standards Act Amendments to the Fair Labor Standards Act Presented by: Chuck Parkinson Charles F.G. Parkinson Harris Welsh & Luk Chesterton, Indiana FLSA Basics Adopted in 1938 ( New Deal legislation) Establishes Fair

More information

The Fair Labor Standards Act:

The Fair Labor Standards Act: The Fair Labor Standards Act: Exemption Changes and Challenges Presented by: Melanie L. Webber, Esq. Phone: (440) 838 8800 Email: mwebber@fisherphillips.com fisherphillips.com What's Going On? U.S. Labor

More information

THREE RIVERS COLLEGE PERSONNEL REGULATION

THREE RIVERS COLLEGE PERSONNEL REGULATION Title: PR 4506 Overtime and Compensatory Leave Page 1 of 11 The Federal Fair Labor Standards Act (the Act ) was enacted by Congress to regulate such employment matters as hours of work, minimum wage, overtime

More information

Small Entity Compliance Guide

Small Entity Compliance Guide Wage and Hour Division United States Department of Labor Small Entity Compliance Guide to the Fair Labor Standards Act s White Collar Exemptions > For more information visit www.dol.gov/whd The Department

More information

Overtime Rule Changes. Online Webinar Sponsored by the Alliance of Arizona Nonprofits & McMinn HR Presented by Ginny McMinn, MSIR, SPHR July 26, 3016

Overtime Rule Changes. Online Webinar Sponsored by the Alliance of Arizona Nonprofits & McMinn HR Presented by Ginny McMinn, MSIR, SPHR July 26, 3016 Overtime Rule Changes Online Webinar Sponsored by the Alliance of Arizona Nonprofits & McMinn HR Presented by Ginny McMinn, MSIR, SPHR July 26, 3016 Why Now? Last changed in 2004 Current salary test level

More information

The Fair Labor Standards Act 21 Things You Should Know

The Fair Labor Standards Act 21 Things You Should Know All Employees The Fair Labor Standards Act 21 Things You Should Know 1. The minimum wage in Arkansas is $8.50 per hour for the year 2018. Beginning January 1, 2019, every employer shall pay each of his

More information

SUMMARY OF CALIFORNIA AND FEDERAL LAW

SUMMARY OF CALIFORNIA AND FEDERAL LAW SUMMARY OF AND FEDERAL LAW 110 West C Street, Suite 1300 San Diego, California 92101 (619) 682-4811 PROPERLY CLASSIFYING EMPLOYEES SALARY TEST SALARY TEST EXECUTIVE ADMINISTRATIVE PROFESSIONAL 1.salary

More information

Original Act 1938 State and Local Government Applicability Amendments 1966, 1972, 1973 Garcia Vs. San Antonio MTA Ap.1985

Original Act 1938 State and Local Government Applicability Amendments 1966, 1972, 1973 Garcia Vs. San Antonio MTA Ap.1985 Overview of FLSA Minimum Wage Child Labor Overtime Provisions Equal Pay Amendment - 1963 Original Act 1938 State and Local Government Applicability Amendments 1966, 1972, 1973 Garcia Vs. San Antonio MTA

More information

Time to Talk Overtime. New Fair Labor Standards Act Rules and Some Existing Rules to Live By

Time to Talk Overtime. New Fair Labor Standards Act Rules and Some Existing Rules to Live By Time to Talk Overtime New Fair Labor Standards Act Rules and Some Existing Rules to Live By Presenters Meghan Hill Principal, Columbus 614 365 2720 meghan.hill@squirepb.com Lindsay Gingo Of Counsel, Cleveland

More information

Fair Labor Standards Act Overview

Fair Labor Standards Act Overview Wage and Hour Law in Schools I. II. The 2016 FLSA Regulations Amendments III. Paying 9-11 Month Employees Over 12 Months IV. FLSA Implications of Coaching and Extracurricular Stipends Presented by: Jay

More information

FLSA Compliance: Top 10 Wage and Hour Mistakes Presented by W. Scott Hardy, Pittsburgh Office Jennifer G. Betts, Pittsburgh Office

FLSA Compliance: Top 10 Wage and Hour Mistakes Presented by W. Scott Hardy, Pittsburgh Office Jennifer G. Betts, Pittsburgh Office FLSA Compliance: Top 10 Wage and Hour Mistakes Presented by W. Scott Hardy, Pittsburgh Office Jennifer G. Betts, Pittsburgh Office. 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com Who

More information

2014 Brigham Young University Idaho Brigham Young University Idaho

2014 Brigham Young University Idaho Brigham Young University Idaho 2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2 Overview Northwestern University Football

More information

WORKER CLASSIFICATION ISSUES FOR NON-PROFIT ORGANIZATIONS A N N E S P I E L B E R G & R U T H E I S E N B E R G

WORKER CLASSIFICATION ISSUES FOR NON-PROFIT ORGANIZATIONS A N N E S P I E L B E R G & R U T H E I S E N B E R G WORKER CLASSIFICATION ISSUES FOR NON-PROFIT ORGANIZATIONS A N N E S P I E L B E R G & R U T H E I S E N B E R G May 19, 2015 Anne Spielberg and Ruth Eisenberg are partners at Harmon, Curran, Spielberg

More information

New Overtime Regulations and Common Wage and Hour Challenges

New Overtime Regulations and Common Wage and Hour Challenges and Common Wage and Hour Challenges MOLLY CHERRY* OCTOBER 18, 2016 *Certified Labor and Employment Law Specialists OVERVIEW New Overtime Rule and Current Exemptions Options for Complying with Overtime

More information

FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by:

FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by: FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by: Sandi P. Tarski starski@wabsa.c om 512-454-6864 Alexander S. Berk aberk@wabsa.c om 214-574-8800 1 FLSA BASICS

More information

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

Implementing Overtime Rule Changes. Presented by: Assistant Attorney General Daniel Knox Faulkner Implementing Overtime Rule Changes Presented by: Assistant Attorney General Daniel Knox Faulkner General Rule/Overtime Pay Non-exempt employees must receive overtime pay at a rate of not less than 1 ½

More information

(Over)Time for Compliance: Understanding the New Overtime Labor Laws*

(Over)Time for Compliance: Understanding the New Overtime Labor Laws* (Over)Time for Compliance: Understanding the New Overtime Labor Laws* Shelley M. Jackson Plews Shadley Racher & Braun LLP sjackson@psrb.com (317)637-0700 July 28, 2016 Indiana Council of Community Mental

More information

The NEW White Collar Exemption Rule: How to Prepare

The 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 information

Employment and Labor

Employment and Labor Employment and Labor Analysis of the Department of Labor s Proposed Changes Under the Fair Labor Standards Act* Thomas J. Flaherty tflaherty@pillsburywinthrop.com Tel. 703.905.2186 June 2003 Pillsbury

More information

North Dakota League of Cities New Fair Labor Standards Act (FLSA) Rules Effective December 1, 2016 August Summary

North Dakota League of Cities New Fair Labor Standards Act (FLSA) Rules Effective December 1, 2016 August Summary November 23, 2016 update A federal judge has issued a nationwide preliminary injunction preventing the new overtime rule from becoming effective on December 1, 2016. North Dakota League of Cities New Fair

More information

2014 Brigham Young University Idaho Brigham Young University Idaho

2014 Brigham Young University Idaho Brigham Young University Idaho 2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho Key Points from FLSA Part 1 Underlying Purpose of the FLSA Overtime and Recordkeeping Requirements Suffered or Permitted to Work

More information

WHITE COLLAR EXEMPTIONS FOR HOTEL OWNERS

WHITE COLLAR EXEMPTIONS FOR HOTEL OWNERS WEBINAR WHITE COLLAR EXEMPTIONS FOR HOTEL OWNERS Presenters: Rachel Mast-Matos and Susan Denham Prepared by and republished with the express permission of United States Department of Labor Disclaimer AAHOA

More information

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT NON-PROFITS NEED TO KNOW

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT NON-PROFITS NEED TO KNOW DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT NON-PROFITS NEED TO KNOW Presentation for Non-Profits Thursday, October 6, 2016 Today s Presenter 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing

More information

9/18/2017. Who is covered by FLSA? The Bottom Line. FLSA Compliance: Top 10 Wage and Hour Mistakes, Including Final Overtime Regulations

9/18/2017. Who is covered by FLSA? The Bottom Line. FLSA Compliance: Top 10 Wage and Hour Mistakes, Including Final Overtime Regulations FLSA Compliance: Top 10 Wage and Hour Mistakes, Including Final Overtime Regulations Presented by Ignacio J. Garcia. 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com Who is covered by

More information

Legal 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 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 information

Q: What are the requirements for employees to be salaried vs hourly? (Several similar questions were submitted)

Q: What are the requirements for employees to be salaried vs hourly? (Several similar questions were submitted) William H. Fallon The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting

More information

Hot Topics in Employment Law for Nonprofits

Hot Topics in Employment Law for Nonprofits Hot Topics in Employment Law for Nonprofits David Heinen Connect Learn Advocate Important Disclaimers If you can read this fine print, you are sitting too close to your screen! 1 Initial question: Are

More information

Basic HR Audit Checklist

Basic HR Audit Checklist Basic HR Audit Checklist Hiring Job Descriptions for all position I-9 Forms Completed with proper identification I-9s and medical information kept separate from personnel file Posting job internally Reference

More information

FLSA Compliance. Presented by Stephanie Buduhan, PSK LLP June 20, 2017

FLSA 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 information

Policy 4.40 Fair Labor Standards Act (FLSA)

Policy 4.40 Fair Labor Standards Act (FLSA) Policy 4.40 Fair Labor Standards Act (FLSA) Responsible Official: VP for Human Resources Administering Division/Department: Compensation Effective Date: May 07, 2007 Last Revision: July 15, 2014 Policy

More information

HRCI & SHRM. Program numbers sent to you via upon program completion.!

HRCI & SHRM. Program numbers sent to you via  upon program completion.! HRCI & SHRM APPROVED WEBINAR Program numbers sent to you via email upon program completion. 3 THANKS TO OUR SPONSOR 4 OUR SPEAKERS Jessica Miller-Merrell @jmillermerrell Casey Sipe @clsemployerlaw Mike

More information

FLSA Exemption Test Worksheet

FLSA Exemption Test Worksheet FLSA Exemption Test Worksheet Executive, Administrative, Computer, and Professional Exemption Tests Federal law provides that certain employees may be exempt from the overtime wage provisions of the Fair

More information

CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy

CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy Issue Date: Revision Update(s): January 13, 2009 September 10, 2013 Policy Source: Cities and Villages Mutual Insurance Company

More information

9/13/2016. Plan for Our Time Today. Who are we talking about? The DOL and its Agenda

9/13/2016. Plan for Our Time Today. Who are we talking about? The DOL and its Agenda 9/13/2016 2016, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. What s New With Wage & Hour The New OT Regulations and the Top 10 Wage & Hour Traps for the Unwary Title of Presentation Presented By: Joseph

More information

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW Presented to: Thursday, September 29, 2016 Today s Presenters 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing

More information

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges

More information

U.S. Department of Labor's Fair Labor Standards Act (FLSA): 2016 Changes

U.S. Department of Labor's Fair Labor Standards Act (FLSA): 2016 Changes The Office of Human Resources U.S. Department of Labor's Fair Labor Standards Act (FLSA): 2016 Changes Guide for Kenyon College Supervisors A Brief Guide to the U.S. Department of Labor s Fair Labor Standards

More information

NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS

NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS By: William James Rogers, Esquire Thomson, Rhodes & Cowie, P.C. Introduction On April 23, 2004, the U.S. Department of Labor published in the Federal

More information

OHIO ASSOCIATION OF COMMUNITY HEALTH CENTERS

OHIO ASSOCIATION OF COMMUNITY HEALTH CENTERS OHIO ASSOCIATION OF COMMUNITY HEALTH CENTERS NEW OVERTIME REGULATIONS JUNE 9, 2016 1 Daphne K. Saneholtz, Esq. Amanda L. Waesch, Esq. Brennan, Manna & Diamond, LLC dksaneholtz@bmdllc.com / (614) 246-7508

More information

Guidelines for Determining Independent Contractor (IC) Status

Guidelines for Determining Independent Contractor (IC) Status Guidelines for Determining Independent Contractor (IC) Status I. Overview Occasionally, Seattle University retains an Independent Contractor to provide services that are outside of the scope of the university

More information

CLASSIFIED EMPLOYEE SUPPLEMENTARY PAY/OVERTIME

CLASSIFIED EMPLOYEE SUPPLEMENTARY PAY/OVERTIME Adopted January 1978 Revised March 1989 Recoded March 1992 Revised November 2007 APS Code: GDBC CLASSIFIED EMPLOYEE SUPPLEMENTARY PAY/OVERTIME Compensation for overtime worked (generally those hours over

More information

THE NEW OVERTIME EXEMPTION REGULATIONS FACTS AND FLOWCHARTS

THE NEW OVERTIME EXEMPTION REGULATIONS FACTS AND FLOWCHARTS THE NEW OVERTIME EXEMPTION REGULATIONS FACTS AND FLOWCHARTS A preliminary guide for employers assessing exempt status under the 2016 final regulations 2016, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

More information

Building a Smarter Workforce. Preparing for the FLSA White Collar Exemption Changes Worker Classifications IC vs EE September 10, 2015

Building a Smarter Workforce. Preparing for the FLSA White Collar Exemption Changes Worker Classifications IC vs EE September 10, 2015 Building a Smarter Workforce Preparing for the FLSA White Collar Exemption Changes Worker Classifications IC vs EE September 10, 2015 The Fair Labor Standards Act (FLSA) Fair Labor Standards Act Federal

More information

FLSA Resource Guide. October Cascade Employers Association

FLSA Resource Guide. October Cascade Employers Association FLSA Resource Guide This guide is intended to help you comply with new rules under the Fair Labor Standards Act regarding overtime and employee classifications. October 2016 Cascade Employers Association

More information

WAGE AND HOUR UPDATE

WAGE AND HOUR UPDATE WAGE AND HOUR UPDATE The Coming Storm Solutions at Work Andrew X. Froman Matthew D. Westerman August 25, 2015 Our Agenda Why the FLSA Matters FLSA Basics Overview of White Collar Exemptions Proposed Changes

More information

OH, NO! IT S WAGE AND HOUR! UNDERSTANDING THE FAIR LABOR STANDARDS ACT OF 1938

OH, NO! IT S WAGE AND HOUR! UNDERSTANDING THE FAIR LABOR STANDARDS ACT OF 1938 OH, NO! IT S WAGE AND HOUR! UNDERSTANDING THE FAIR LABOR STANDARDS ACT OF 1938 by Scott Warrick, JD, MLHR, CEQC, SHRM-SCP Scott Warrick Human Resource Consulting, Coaching & Training Services & Scott Warrick

More information

The Three Ways Employers Misclassify Workers

The Three Ways Employers Misclassify Workers The Three Ways Employers Misclassify Workers Presented by: Neil H. Dishman Jackson Lewis P.C. Nothing in this document is legal advice or creates an attorney-client relationship between the viewer or recipient

More information

Rulemaking on Minimum Wage Act Exemptions for Executive, Administrative, Professional, & Outside Sales Employees

Rulemaking on Minimum Wage Act Exemptions for Executive, Administrative, Professional, & Outside Sales Employees Rulemaking on Minimum Wage Act Exemptions for Executive, Administrative, Professional, & Outside Sales Employees Joshua Grice Administrative Regulations Analyst Employment Standards Program Overview Minimum

More information

THE FAIR LABOR STANDARDS ACT

THE FAIR LABOR STANDARDS ACT Robert T. Schindler Lusk Albertson, PLC RSchindler@LuskAlbertson.com (248) 988-5696 www.luskalbertson.com On Twitter: @LuskAlbertson THE FAIR LABOR STANDARDS ACT WHAT IT IS, HOW IT IS CHANGING, AND HOW

More information

The views and opinions expressed in this presentation are those of the authors and do not necessarily reflect those of CASBO.

The views and opinions expressed in this presentation are those of the authors and do not necessarily reflect those of CASBO. WAGE AND HOUR ISSUES PART 1 PRESENTED BY: TODD M. ROBBINS, PARTNER ATKINSON, ANDELSON, LOYA, RUUD & ROMO The views and opinions expressed in this presentation are those of the authors and do not necessarily

More information

Fair Labor Standard Act 2016 Changes. In the Beginning

Fair Labor Standard Act 2016 Changes. In the Beginning Fair Labor Standard Act 2016 Changes Tennessee Association of Clerks and Recorders Advanced Academy Presented by Richard L. Stokes, PHR, IPMA SCP, SHRM CP Municipal Human Resources Consultants UT MTAS

More information

To earn HRCI & SHRM credit

To earn HRCI & SHRM credit Federal Exemption Guidelines for Salaried Employees Presented by Marie Davis, Esq. Landegger Baron Law Group, ALC Exclusively Representing Employers Employment Law, Advice, Litigation and Solutions www.landeggeresq.com

More information

New 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 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 information

Fair Labour Standards Act Revisions D.O.L. FAIRPAY REGULATIONS

Fair Labour Standards Act Revisions D.O.L. FAIRPAY REGULATIONS Fair Labour Standards Act Revisions - 2004 D.O.L. FAIRPAY REGULATIONS TABLE OF CONTENTS Introduction.. 2 AUDIT INFORMATION Job Classification Review 2-3 Make Status Determinations.. 3 Determine the Need

More information

Agenda. Controlling Wage & Hour Claims 2016 HFTP Club & Hotel Controllers Conference 6/15/2016. Kara M. Maciel /

Agenda. Controlling Wage & Hour Claims 2016 HFTP Club & Hotel Controllers Conference 6/15/2016. Kara M. Maciel / Controlling Wage & Hour Claims 2016 HFTP Club & Hotel Controllers Conference Kara M. Maciel, Esq. Chair, Labor & Employment Practice Group Kara M. Maciel kmaciel@connmaciel.com / 202.909.2730 Kara Maciel

More information

ALERT. U.S. Department of Labor Proposes Revisions to White-Collar Overtime Pay Exemptions

ALERT. U.S. Department of Labor Proposes Revisions to White-Collar Overtime Pay Exemptions Client ALERT April 2003 U.S. Department of Labor Proposes Revisions to White-Collar Overtime Pay Exemptions Proposed Federal Rule Would Raise Dollar Thresholds, Streamline Duties Tests, and Create a New

More information

HERNANDO COUNTY SCHOOL DISTRICT

HERNANDO COUNTY SCHOOL DISTRICT HERNANDO COUNTY SCHOOL DISTRICT FAIR LABOR STANDARDS ACT (FLSA) COMPLIANCE MANUAL Revised 2017 TABLE OF CONTENTS I Overview of the FLSA.... 3 II Exempt and Non-Exempt Designation...... 4 III Exempt Employee

More information

WAGE & HOUR AVOIDING COMMON MISSTEPS

WAGE & HOUR AVOIDING COMMON MISSTEPS WAGE & HOUR AVOIDING COMMON MISSTEPS 34 th Annual Labor & Employment Law Conference Anne-Marie V. Welch Emory D. Moore, Jr. (248) 988-1810 (313) 965-8260 awelch@ emoore@ WAGE & HOUR LAW UPDATES AND TRENDS

More information

Procedure: 4.2.1p Working Hours, Overtime, and Compensatory Time

Procedure: 4.2.1p Working Hours, Overtime, and Compensatory Time Procedure: 4.2.1p Working Hours, Overtime, and Compensatory Time Revised: March 13, 2018; September 15, 2010 Last Reviewed: March 13, 2018 Adopted: January 17, 2001 I. PURPOSE: All employees of the Technical

More information

Overtime in Election Offices. Bill Gilkeson NC Association of Directors of Elections April 10, 2017

Overtime in Election Offices. Bill Gilkeson NC Association of Directors of Elections April 10, 2017 Overtime in Election Offices Bill Gilkeson NC Association of Directors of Elections April 10, 2017 Current Law US Fair Labor Standards Act (FLSA) US Dept of Labor regulations Employees must be paid time

More information

FLSA & Overtime Rules Jennifer Thompson HR Consultant

FLSA & Overtime Rules Jennifer Thompson HR Consultant FLSA & Overtime Rules Jennifer Thompson HR Consultant Materials, information, advice and recommendations provided by MWG Employer Services are intended as general guidance only and are not a substitute

More information

FAIR LABOR STANDARDS ACT

FAIR LABOR STANDARDS ACT FAIR LABOR STANDARDS ACT Wage and Hour Division Disclaimer This presentation is intended as general information only and does not carry the force of legal opinion. The Department of Labor is providing

More information

FLSA: Exemption Test Questionnaire

FLSA: 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 information

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

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

More information

Preparing for the FLSA White Collar Exemption Changes. Building a Smarter Workforce

Preparing for the FLSA White Collar Exemption Changes. Building a Smarter Workforce Preparing for the FLSA White Collar Exemption Changes Building a Smarter Workforce The Fair Labor Standards Act (FLSA) Fair Labor Standards Act Federal $7.25 hr Tipped $2.13 hr in direct wages Minimum

More information

FLSA: Hot Topics and New Developments

FLSA: Hot Topics and New Developments 6033 WEST CENTURY BOULEVARD, 5 TH FLOOR LOS ANGELES, CALIFORNIA 90045 T: (310) 981-2000 F: (310) 337-0837 153 TOWNSEND STREET, SUITE 520 SAN FRANCISCO, CALIFORNIA 94107 T: (415) 512-3000 F: (415) 856-0306

More information

DOL Proposed Overtime Regulations:

DOL Proposed Overtime Regulations: DOL Proposed Overtime Regulations: The specifics and how to prepare your business Moderator Presenters Brooke A. Colaizzi bcolaizzi@shermanhoward.com 303.299.8471 Andrew W. Volin avolin@shermanhoward.com

More information

Arizona electors approved Proposition 206 on November 8, 2016 Prop. 206 has two parts: State Minimum Wage increases Mandatory earned paid sick time

Arizona electors approved Proposition 206 on November 8, 2016 Prop. 206 has two parts: State Minimum Wage increases Mandatory earned paid sick time John Richardson DeConcini McDonald Yetwin & Lacy, P.C. Tom Pickrell Mesa Public Schools Arizona electors approved Proposition 206 on November 8, 2016 Prop. 206 has two parts: State Minimum Wage increases

More information

Wage and Hour Concerns

Wage 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 information

DATE ISSUED: 11/5/ of 5 UPDATE 103 DEAB(LEGAL)-P

DATE ISSUED: 11/5/ of 5 UPDATE 103 DEAB(LEGAL)-P FAIR LABOR STANDARDS ACT MINIMUM WAGE AND OVERTIME BREAKS FOR NONEXEMPT EMPLOYEES COMPENSATORY TIME ACCRUAL PAYMENT FOR ACCRUED TIME USE Unless an exemption applies, a district shall pay each of its employees

More information

Employee Benefits Alert

Employee 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 information

New Reality for Exempt Employees

New 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 information

FEDERAL OVERTIME PAY EXEMPTION COMPLIANCE GUIDE

FEDERAL OVERTIME PAY EXEMPTION COMPLIANCE GUIDE FEDERAL OVERTIME PAY EXEMPTION COMPLIANCE GUIDE The federal Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked

More information

The Fair Labor Standards Act. A Public Sector Compliance Guide

The Fair Labor Standards Act. A Public Sector Compliance Guide The Fair Labor Standards Act A Public Sector Compliance Guide Section 1 OVERVIEW OF THE FAIR LABOR STANDARDS ACT A. INTRODUCTION AND SUMMARY OF REQUIREMENTS...1 1. Minimum Wage...1 2. Overtime Compensation...1

More information

System-wide Pay Plan and Overtime Regulations Session for AABS

System-wide Pay Plan and Overtime Regulations Session for AABS System-wide Pay Plan and Overtime Regulations Session for AABS Elizabeth Schwartz Director of Workforce Management eschwartz@tamu.edu 979.845.0357 employees.tamu.edu FOLLOW US ON: Topics Background Basic

More information

Fair Labor Standards Act (FLSA) Exemption Determinations

Fair Labor Standards Act (FLSA) Exemption Determinations Fair Labor Standards Act (FLSA) Exemption Determinations The U.S. Department of Labor (DOL) oversees and enforces the Fair Labor Standards Act. Part of the Act is the determination of which positions are

More information

Change in Overtime Regulations - Frequently-Asked Questions

Change 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 information

The Roman Catholic Church of the Diocese of Phoenix Human Resources Policies and Procedures

The Roman Catholic Church of the Diocese of Phoenix Human Resources Policies and Procedures Policy 2-7.1.5 Employment Classifications The Diocese of Phoenix has various employment classifications that determine eligibility for certain benefits. Procedures: A. The following categories are used

More information

Presented by the U.S. Department of Labor Wage and Hour Division

Presented by the U.S. Department of Labor Wage and Hour Division Presented by the U.S. Department of Labor Wage and Hour Division Coverage Hours Worked Overtime Pay Youth Employment Recordkeeping In order for the FLSA to apply, there must be an employment relationship

More information

Jackson Area Association of Independent Schools

Jackson Area Association of Independent Schools Jackson Area Association of Independent Schools Presented by Christopher Fontan Thursday, October 27, 2016 Fair Labor Standards Act (FLSA) Expansion of Overtime Eligibility Through Change of Exempt Employee

More information

What Does New Rule on Minimum Salary Rate Mean to Your Business? Edward E. Hollis Daniel G. Prokott Stacey L. Smiricky

What Does New Rule on Minimum Salary Rate Mean to Your Business? Edward E. Hollis Daniel G. Prokott Stacey L. Smiricky What Does New Rule on Minimum Salary Rate Mean to Your Business? Edward E. Hollis Daniel G. Prokott Stacey L. Smiricky What We ll Cover FLSA Overview Damages Administrative, Executive, Professional and

More information