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

Size: px
Start display at page:

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

Transcription

1 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 Department of Labor, Wage and Hour Division Special Instructions: Review annually for law and or court interpretation changes. Total Pages: 7 PURPOSE To define the Fair Labor Standards Act (FLSA) exemptions as applied by the City of New London, and to define the procedures, accrual and use of overtime compensation and compensatory time, in addition to defining the procedures for payroll deductions pursuant to the Fair Labor Standards Act. POLICY The Fair Labor Standards Act (FLSA) was enacted by the United States Congress in 1938 and sets the minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards for employees who are covered by the act. Additionally, the FLSA classifies employees into two main categories: exempt and non-exempt, which determine what positions should be paid overtime. A. Overtime Compensation 1. Non-Exempt Employees Employees are covered by the Fair Labor Standards Act (FLSA) and considered nonexempt unless their position meets one of the exempt definitions noted under E. Exemption Determination Tests and the activities directly and closely relate to such work. In order to comply with the FLSA, non-exempt employees will be paid overtime compensation [at least one and one-half times the regular rate of pay] for all hours worked in excess of forty (40) in a workweek. In order to receive overtime compensation, the employee must be suffered or permitted to work. a. All hours worked does not include, for example, holidays, vacations, sick leave, or bona fide meal periods (breaks longer than 20 minutes, where the employee is completely relieved from duty). b. To suffer or permit to work means that if the City requires or allows employees to work, the time spent is generally hours worked. Thus, time spent doing work not requested by the City, but still allowed, is generally hours worked, since the City knows or has reason to believe the employees are continuing to work and the City is benefiting from the work being done, commonly referred to as working off the clock. 2. Exempt Employees The City positions that qualify as exempt are exempt from the FLSA. Overtime compensation is therefore not paid for hours worked. These positions include but not 1 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

2 limited to: City Administrator, Police Chief, Parks & Recreation Director, Director of Public Works, Finance Director, City Clerk, Cemetery Superintendent, Library Director, Museum Director, Mapping/Media Specialist, and Building Inspector. Employees designated as exempt are not eligible to earn or use compensatory time. However, when an exempt employee has worked a considerable number of hours over and beyond the regular and expected hours in their work week, the employee s Department Director may authorize the employee time off with pay. The time off should not be an hour off for each hour worked beyond 40 hours in a work week. 3. Overtime Utilization Overtime hours worked by City employees will be held to a minimum, consistent with the needs of the municipality and service to all citizens. Each department shall be responsible for utilizing other alternatives prior to assigning overtime to employees. Overtime work should only be authorized in the event of an emergency or when service demands result in no other reasonable alternative. Careful oversight should be exercised by managers who authorize overtime work. 4. Working Time Limitations All non-exempt employees are required to abide by the following: a. Work shall not be engaged preceding or following an employee s scheduled hours of work, unless directed to do so by their supervisor. b. Work shall not be taken home or engaged in at home unless directed to do so by a supervisor. c. Work shall not be engaged during any lunch period except at the direction of the employee s supervisor, unless the lunch period is treated as paid time in accordance with City regulations and/or a collective bargaining agreement. d. All hours worked shall be documented on employee s time cards or worksheet, and shall be verified with the employee s signature. e. All supervisors are responsible for reviewing and signing employee s time cards to verify accuracy. An employee will be notified of any change on their time card after the time card is submitted for processing. B. Compensatory Time As added flexibility for state and local governments, the FLSA authorizes compensatory time (comp time) off in lieu of monetary overtime compensation at a rate of not less than one and one-half hours of compensatory time for each hour of overtime worked. 1. Non-Exempt Employees Each non-exempt employee approved to receive compensatory time may accumulate FLSA overtime credit of not more than 240 hours. Non-exempt employees must be paid for FLSA overtime worked in excess of this limit. Each non-exempt employee engaged in a public safety activity, an emergency response activity or a seasonal activity may accumulate FLSA overtime credit of not more than 480 hours and must be paid for FLSA overtime worked in excess of this limit. Police employees should consult with their supervisor or labor contract for actual limits to compensatory time accumulation, which may be less than allowed under the FLSA. Compensatory time policy for police employees is set by the Police & Fire Commission. 2 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

3 2. Utilization of Compensatory Time City managers should encourage and/or permit their staff to take their compensatory time as soon after it is earned as possible. The use of compensatory time must be scheduled so as not to disrupt the work in the department. Compensatory time accrued in a non-exempt position for FLSA overtime worked and not used will be paid out on a yearly basis with the first paycheck of the following year. Any comp time earned within the last 2 work weeks of the year may be carried over into the new year. Compensatory time accrued in a non-exempt position for FLSA overtime worked must be paid upon termination of employment. D. Recordkeeping Requirements 1. Non-Exempt Employee Records The following records are required (per 29 CFR and DWD Wisconsin Administrative Code) to be maintained for non-exempt employees: a. Name in full (as used to for social security recordkeeping purposes); b. Home address; c. Date of birth; d. Sex and occupation; e. Date of entering and leaving employment; f. Time of day and day of week on which the employee s workweek begins; g. Starting time and length of each employee s work period [for sworn policy and fire employees only, who are employed under 207(k) of the FLSA]; h. Hours worked each workday and total hours worked each workweek; i. Time of beginning and ending of meal periods if employees meal periods are required or such meal periods are to be deducted from work time [this requirement shall not apply when work is of such a nature that production or business activity ceases on a regularly scheduled basis]. j. Regular hourly rate of pay for any workweek in which overtime compensation is due [the basis for and exclusions from the regular rate must be explained]; k. Total daily or weekly straight-time earnings or wages due for hours worked during the workday or workweek; l. Total premium pay for overtime hours; m. Total additions to, or deductions from, wages paid each pay period; n. Total wage paid each pay period; o. Date of payment and the pay period covered by payment; p. Total compensatory hours earned, and used, each workweek or work period for each employee; q. Number of hours of compensatory time paid in cash, including the total amount paid and the date of payment; r. Any oral or written agreement regarding the earning and utilization of compensatory time off (i.e. collective bargaining agreement or other written understanding). 2. Exempt Employee Records The same records as indicated above, with the exception of the records relating to payment and hours worked (j. m.), must be kept for exempt employees. Additionally, 3 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

4 records must be kept that detail the basis on which employees are paid (Monetary amount paid, expressed as earnings per hour, per day, per week, etc.). 3. Record Preservation The following records shall be preserved by the City/ for three years: a. Payroll records; b. Certificates, collective bargaining agreements and individual contracts; c. Sales and purchase records. The following records shall be preserved by the City/ for two years: a. Employment and earnings records; b. Wage rate tables; c. Order, shipping and billing records; d. Records of additions to or deductions from wages paid. E. Exemption Determination Tests The following definitions are provided by the federal Fair Labor Standards Act for employment classifications exempt under the Act that are applied by the City of New London. A. Exempt Executive (must meet all of the following requirements): 1. $455 minimum weekly salary. 2. Primary duty of managing an enterprise or a customarily recognized department or subdivision of the enterprise. 3. Customarily and regularly direct the work of at least two other full-time employees or their equivalent. 4. Has authority to hire or fire other employees, or have their suggestions and recommendations regarding the hiring, firing, advancement, promotion or any other change of status of other employees be given particular weight. a). Primary duty is the principal, main, major or most important duty that the employee performs. Determination of an employee s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee s job as a whole. Factors to consider when determining the primary duty of an employee include, but are not limited to, the relative importance of the exempt duties as compared with other types of duties; the amount of time spent performing exempt work; the employee s relative freedom from direct supervision; and the relationship between the employee s salary and the wages paid to other employees for the kind of nonexempt work performed by the employee. b). Management refers not only to supervising individuals, but also the management of processes, projects and contracts in addition to employees, and includes, but is not limited to: interviewing, selecting and training employees; setting and adjusting their rates of pay and hours of work; planning and directing the work of others; maintaining sales or production records; appraising worker productivity with respect to recommending promotion or other change in status; handling complaints and grievances; disciplining employees; determining techniques, materials and equipment to be used; determining supplies, equipment and tools to be purchased; providing safety and security for employees or property; planning and controlling the budget; monitoring or implementing legal compliance measures. 4 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

5 c). Customarily recognized department or subdivision is intended to distinguish between a mere collection of employees assigned from time to time to a specific job or series of jobs and a unit with permanent status and function. A customarily recognized department or subdivision must have a permanent status and a continuing function. d). Customarily and regularly means a frequency that is greater than occasional but which may be less than constant. Tasks or work performed customarily and regularly include work normally and recurrently performed every workweek, but no isolated or one time tasks. e). Particular weight. Factors to be considered in determining this include: (1) whether it is a part of the employee s job duties to make such recommendations, and (2) the frequency with which such recommendations are made, requested and relied upon. B. Exempt Administrative (must meet all of the following requirements): 1. $455 minimum weekly salary. 2. Primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the City/Village or the citizens; and includes the exercise of discretion and independent judgment with respect to matters of significance. a). Directly related to management or general business operations requirement means an employee must perform work directly related to assisting with the running or servicing of the City/Village, as distinguished, for example from working on a manufacturing production line or selling a product in a retail or service establishment. Work directly related to management or general business operations includes, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network, Internet and database administration; legal and regulatory compliance; and similar activities. b). Exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after consideration of the possibilities. The term must be applied in the light of all the facts involved in the employee s particular employment situation, and implies that the employee has authority to make an independent choice, free from immediate direction or supervision. Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignment in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval and other factors set forth in the regulation. The fact that an employee s decisions are revised or reversed after review does not meant that the employee is not exercising discretion and independent judgment. The exercise of discretion and independent judgment must be more than the use of skill in applying well established techniques, procedures or specific standards described in manuals or other sources. 5 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

6 C. Exempt Learned Professional 1. $455 minimum weekly salary. 2. Primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment. 3. The advanced knowledge must be in a field of science or learning, and must be acquired by a prolonged course of specialized intellectual instruction. a). Work requiring advanced knowledge means work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is distinguished from work involving routine mental, manual, mechanical or physical work. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Advanced knowledge cannot be attained at the high school level. b). Field of science include occupations that have a recognized professional status as distinguished from the mechanical arts or skilled trades where is some instances the knowledge is of a fairly advanced type, but is not in a filed of science or learning. Traditional professions as fields of science or learning include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, and pharmacy. c). Customarily acquired by a prolonged course of specialized intellectual instruction : This exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best evidence of meeting this requirement is having the appropriate academic degree. However, the work customarily means the exemption may be available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction. This exemption does not apply to occupations in which most employees acquire their skill be experience rather than be advanced specialized intellectual instruction. D. Exempt Highly Compensated Employee 1. Total annual compensation of at least $100, Primary duty must include performing office or non-manual work. 3. Regularly and customarily performs one or more exempt duties: performance of office or non-manual work directly related to the management or general business operations of the City/Village or the citizens or includes the exercise of discretion and independent judgment; performance of work that requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. a). Total annual compensation must include at least $455 per week paid on a salary or fee basis, and may also include commissions, nondiscretionary bonuses and other nondiscretionary compensation earned during a 52-week period. E. Exempt Computer Employee 1. $455 minimum weekly salary OR $27.63 minimum hourly salary paid for every hour worked, including overtime. 6 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

7 2. Primary duty must consist of: the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; the design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of the aforementioned duties, the performance of which requires the same level of skills. 3. Employees covered by this exemption include: computer system analysts, computer programmers, software engineers and other similarly skilled workers in the computer field. 4. Computer employees are not eligible under the highly compensated employee tests. F. Exempt Recreational Employee 29 U.S.C. 213(a)(3) exempts any employee who is employed by an establishment that is an amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (a) it does not operate for more than seven months in any calendar year, OR (b) during the preceding calendar year, its average receipts for any six months of the year were not more than 33 1/3 percent of its average receipts for the other six months of that year. Examples of facilities that may satisfy the first prong of the above test and qualify for this exemption include: swimming pools, public golf courses, seasonal parks and stadiums, concessions at amusement parks and beaches, certain summer camps and some seasonal recreational programs. 7 C:\Documents and Settings\missyk\Local Settings\Temporary Internet Files\Content.Outlook\24SP07E0\FLSA

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

Executive, Administrative, Professional & Outside Sales Rulemaking (WAC through WAC )

Executive, Administrative, Professional & Outside Sales Rulemaking (WAC through WAC ) Executive, Administrative, Professional & Outside Sales Rulemaking (WAC 296-128-500 through WAC 296-128-545) Second Pre-Draft Rule November 19, 2018 This version shows the rule language as it would look

More information

EXECUTIVE EXEMPTION WORKSHEET

EXECUTIVE EXEMPTION WORKSHEET EXECUTIVE Job Title: Note: When completing this worksheet for a position that has two or more incumbents, you must be able to answer all of SALARY LEVEL TEST Yes No Comments 1. Does the employee currently

More information

FLSA Exemption Test Worksheet Executive, Teaching, Professional, Administrative, and Computer Exemption Tests

FLSA 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 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

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

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

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

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 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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

FREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016

FREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016 1. What is the Fair Labor Standards Act? FREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016 The Fair Labor Standards Act (FLSA) of 1938 (29 USC 201 et seq.) is the United States federal wage and hour law,

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

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(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

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

STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION PROCEDURE

STATE 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 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

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

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

ATTACHMENT 1 Exempt Employees Guidelines from the Fair Labor Standards Act (FLSA) 235 EXECUTIVE EXEMPTION DECISION CHART

ATTACHMENT 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 information

2. Does the employee have 2 or more employees reporting to them?

2. 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 information

Exempt Employee: An employee who is not covered by the overtime provisions of the Fair Labor Standards Act (FLSA).

Exempt Employee: An employee who is not covered by the overtime provisions of the Fair Labor Standards Act (FLSA). GEORGIA DEPARTMENT OF JUVENILE JUSTICE Applicability: {x} All Employees { } Administration { } Community Services { } Secure Facilities Transmittal # 18-7 Policy # 3.31 Related Standards & References:

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

Kentucky Wage & Hour Law. Kentucky Labor Cabinet Department of Workplace Standards Division of Wages and Hours

Kentucky Wage & Hour Law. Kentucky Labor Cabinet Department of Workplace Standards Division of Wages and Hours Kentucky Wage & Hour Law Kentucky Labor Cabinet Department of Workplace Standards Division of Wages and Hours Division Objective The Division of Wages and Hours major objective is to ensure that employers

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

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

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

Exempt and Non-Exempt Employees: What the Distinction Means for Unit 4 Members

Exempt and Non-Exempt Employees: What the Distinction Means for Unit 4 Members Exempt and Non-Exempt Employees: What the Distinction Means for Unit 4 Members Lee Norris, Barbara Petersen, Bernhard Rohrbacher APC Labor Relations Team Contact for Questions: brohrbacher@apc1002.org

More information

Why Know About The FLSA?

Why Know About The FLSA? 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

More information

Overtime Exempt & Non-Exempt Employees as of December 1, RMS Accounting

Overtime Exempt & Non-Exempt Employees as of December 1, RMS Accounting Overtime Exempt & Non-Exempt Employees as of December 1, 2016 Presented by: RMS Accounting 800-382-1040 www.rmsaccounting.com What is New Increased Minimum Pay Requirements for Exempt Employees The U.S.

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

SECTION II EMPLOYMENT POLICIES

SECTION II EMPLOYMENT POLICIES SECTION II EMPLOYMENT POLICIES COLLECTIVE BARGAINING POLICY: To review and provide total base wages in accordance with State law which authorizes collective bargaining for total base wages only; to allow

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

2018 Exempt Analysis Worksheet Managerial/Executive Exemption

2018 Exempt Analysis Worksheet Managerial/Executive Exemption 2018 Exempt Analysis Worksheet Managerial/Executive Exemption This worksheet will help you determine if an employee qualifies under the managerial/executive exemption to the overtime laws. This worksheet

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

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

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

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

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

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

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

POLICY 7 VACATION AND PERSONAL LEAVE

POLICY 7 VACATION AND PERSONAL LEAVE University Policy The University provides employees with vacation and personal leave for their use in renewing their physical, psychological, and mental vigor, their enthusiasm for their work, and in satisfying

More information

CHANCELLOR FOR COMMUNITY COLLEGES MEMO. 1. Federal Fair Labor Standards Act (FLSA) of 1938, as amended.

CHANCELLOR FOR COMMUNITY COLLEGES MEMO. 1. Federal Fair Labor Standards Act (FLSA) of 1938, as amended. CHANCELLOR FOR COMMUNITY COLLEGES MEMO CCCM# #2400 (April 1987) SUBJECT: Federal Labor Standards Act (FLSA) A. Reference: 1. Federal Fair Labor Standards Act (FLSA) of 1938, as amended. 2. Administrative

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

Administrative Exemption

Administrative Exemption Federal Guidelines Administrative Exemption To qualify for the administrative employee exemption, all of the following tests must be met: - The employee must be compensated on a salary or fee basis (as

More information

FLSA Transition and Information for Employees

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

More information

California Wage & Hour Guide 2016

California Wage & Hour Guide 2016 California Wage & Hour Guide 2016 DISCLAIMER: No Attorney-Client Relationship Created by Use of this Document. We cannot provide legal advice, nor can we provide advice regarding specific workplace situations.

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

INTERNAL OPERATING PROCEDURE. Procedure No. _HR-2005_. Revision(s) 06/27/1996; 02/01/2006; 02/01/2007; 1/26/2017 Related References Purpose

INTERNAL OPERATING PROCEDURE. Procedure No. _HR-2005_. Revision(s) 06/27/1996; 02/01/2006; 02/01/2007; 1/26/2017 Related References Purpose Florida A & M University Office of Human Resources INTERNAL OPERATING PROCEDURE Procedure No. _HR-2005_ Subject: Overtime and Compensatory Time Authority: Rule 60L-34.0031 Florida Administrative Code;

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

(a) Definitions. Unless otherwise indicated, the following words shall, for purposes of this section, have the following meanings:

(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 information

SUMMARY: POLICY: Policy Title: Minimum Wage and Overtime Compensation

SUMMARY: POLICY: Policy Title: Minimum Wage and Overtime Compensation Policy Title: Minimum Wage and Overtime Compensation Policy Number: HREO-129 Policy Approved: June 2015 Policies Superseded: 1229 Created/Revised: August 2011, July 2014, June 2015 Responsible Office:

More information

DOL s New Rule Expanding Overtime Eligibility

DOL s New Rule Expanding Overtime Eligibility Housing Action Illinois Annual Conference October 27, 2016 DOL s New Rule Expanding Overtime Eligibility Nora Kersten Walsh nkersten@schiffhardin.com Lauren S. Novak lnovak@schiffhardin.com Schiff Hardin

More information

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND COASTAL CAROLINA UNIVERSITY

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND COASTAL CAROLINA UNIVERSITY Policy Title: Minimum Wage and Overtime Policy Number: FAST-HREO 216 Created: August 2011 Policies Superseded: 1229; HREO-129 Revised: July 2014, June 2015, December 2016, April 2018 Policy Management

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

GILMER COUNTY SCHOOLS Policy No POLICY MANUAL

GILMER COUNTY SCHOOLS Policy No POLICY MANUAL GILMER COUNTY SCHOOLS Policy No. 5010 POLICY MANUAL TITLE: OVERTIME FLSA COMPLIANCE 1. General. This policy is intended to ensure that overtime/compensatory time for nonexempt employees is paid in compliance

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

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

Guide to Navigating the Proposed Overtime Regulations

Guide to Navigating the Proposed Overtime Regulations Guide to Navigating the Proposed Overtime Regulations Table of Contents Section I Introduction 2 Section II The FLSA: Let s Get Back to Basics 3-6 -FLSA Coverage -Enterprise Rule -Individual Employee Coverage

More information

GEORGIA DEPARTMENT OF HUMAN SERVICES Human Resource/Personnel Policy #1001 FAIR LABOR STANDARDS ACT

GEORGIA DEPARTMENT OF HUMAN SERVICES Human Resource/Personnel Policy #1001 FAIR LABOR STANDARDS ACT GEORGIA DEPARTMENT OF HUMAN SERVICES Human Resource/Personnel Policy #1001 FAIR LABOR STANDARDS ACT Effective Date: November 29, 2010 Release Date: February 1, 2001 Revised: September 21, 2017 REFERENCE:

More information

DRAFT. New Fair Labor Standards Act (FLSA) regulations that take effect later in 2016 will impact some exempt employees in the district.

DRAFT. New Fair Labor Standards Act (FLSA) regulations that take effect later in 2016 will impact some exempt employees in the district. EXPLANATION: EXEMPT AND NONEXEMPT EMPLOYEES MSBA is updating policies related to employee compensation in this update based on questions received from districts and the results of some recent school district

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

Section Contents Page # What s New? General Information Board Policy Federal Law Payroll Staff...

Section Contents Page # What s New? General Information Board Policy Federal Law Payroll Staff... SECTION 13: PAYROLL Section Contents Page # What s New?...13-2 General Information...13-2 Board Policy...13-2 Federal Law...13-2 Payroll Staff...13-3 TEAMS Employee Service Center...13-3 Timekeeping for

More information

Wage and Hour Law Update. Brian M. O Neal McMahon Berger, P.C North Ballas Road St. Louis, MO (314)

Wage and Hour Law Update. Brian M. O Neal McMahon Berger, P.C North Ballas Road St. Louis, MO (314) Wage and Hour Law Update Brian M. O Neal McMahon Berger, P.C. 2730 North Ballas Road St. Louis, MO 63131 (314) 567-7350 oneal@mcmahonberger.com FLSA Collective Action Filings 8,304 FLSA collective actions

More information

Career Tracks Training for Employees Impacted by FLSA Changes

Career Tracks Training for Employees Impacted by FLSA Changes 1 Career Tracks Training for Employees Impacted by FLSA Changes Kathy Moore and Tamara Berton May 2018 2 Agenda What is Career Tracks? Tools and Resources Employee Reconsideration Period What is FLSA and

More information

Worksheet to Help Determine Exempt/Non-Exempt Status of Managerial or Executive Employees*

Worksheet 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 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

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

Guidance for Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act

Guidance for Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR Guidance for Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act May 18, 2016 Introduction Higher education is an

More information

TECHNICAL COLLEGE OF THE LOWCOUNTRY PROCEDURE PROCEDURE NUMBER: REF. STATE BOARD POLICY: REF. STATE BOARD PROC.:

TECHNICAL COLLEGE OF THE LOWCOUNTRY PROCEDURE PROCEDURE NUMBER: REF. STATE BOARD POLICY: REF. STATE BOARD PROC.: NUMBER: 6-1-601.5 REF. STATE BOARD POLICY: 8-2-104 PAGE: 1 OF 6 TITLE: OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES BASED ON POLICY: 6-1-602 REVISION NUMBER: OFFICE OF RESPONSIBILITY: HUMAN

More information

EMPLOYMENT AUDIT CHECKLIST

EMPLOYMENT AUDIT CHECKLIST EMPLOYMENT AUDIT CHECKLIST I. Classification of Staff Employee Exempt (from minimum wage and overtime) 1. Must be Salaried (Same rate of pay each pay period regardless of the number of hours worked); 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

FLSA TOWN HALL Q&A on the Final Regulations and Changes to the Fair Labor Standards Act

FLSA TOWN HALL Q&A on the Final Regulations and Changes to the Fair Labor Standards Act FLSA TOWN HALL Q&A on the Final Regulations and Changes to the Fair Labor Standards Act Fall, 2016 Agenda Topics: Overview of the Fair Labor Standards Act Department of Labor Final Rule Specific Guidance

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

Section 3: Compensation & Performance

Section 3: Compensation & Performance Section 3: Compensation & Performance Policy #2: Wage and Hour Administration Effective Date: July 2, 2018 I. Purpose To establish a wage and hour administration policy in compliance with the Fair Labor

More information

PPP-05 Pay Procedures. Work Schedule

PPP-05 Pay Procedures. Work Schedule PPP-05 Pay Procedures Work Schedule All employees of the university who are considered to be full-time shall work a minimum of 37.5 hours per week throughout the year; the official workday is 7.5 hours;

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

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

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

FLSA Compliance: Exempt vs. Non-exempt Classification Audit **FEDERAL**

FLSA 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 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

Sam Houston State University A Member of The Texas State University System

Sam Houston State University A Member of The Texas State University System Finance & Operations Human Resources Policy ER-3 Work Schedules & Employee Compensation SUBJECT: PURPOSE: POLICY: Work Schedules & Employee Compensation To provide a standard policy for non-faculty employees

More 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

STATE OF NEW YORK DEPARTMENT OF LABOR

STATE OF NEW YORK DEPARTMENT OF LABOR STATE OF NEW YORK DEPARTMENT OF LABOR Minimum Wage Requirements Applicable to Non-Profitmaking Institutions Which Have Elected the Option to Pay the Statutory Wage Exclusive of Allowances In Lieu of Wage

More information

Fair Labor Standards Act (FLSA) Training for Supervisors

Fair Labor Standards Act (FLSA) Training for Supervisors Fair Labor Standards Act (FLSA) Training for Supervisors Agenda Topics covered today: Overview of the Fair Labor Standards Act (FLSA) Using Independent Contractors The importance of written job descriptions

More information