HOW TO CALCULATE OVERTIME PAY FOR NONEXEMPT EMPLOYEES PAID BY THE SQUARE OR SALARY

Size: px
Start display at page:

Download "HOW TO CALCULATE OVERTIME PAY FOR NONEXEMPT EMPLOYEES PAID BY THE SQUARE OR SALARY"

Transcription

1 HOW TO CALCULATE OVERTIME PAY FOR NONEXEMPT EMPLOYEES PAID BY THE SQUARE OR SALARY Under the Fair Labor Standards Act (FLSA), employees are entitled to be paid the federal minimum wage and overtime pay for all hours worked in excess of 40 hours within a single workweek unless they are subject to FLSA s exemption provisions. FLSA provides exemptions from overtime pay in certain situations, most notably the following employee groups: bona fide executives; administrative employees; professionals; computer employees; outside sales employees; and certain highly compensated employees. To qualify as an exempt employee under FLSA, an individual, regardless of his or her occupation, must also be paid a minimum of $455 per week (or $23,660 per year) unless the individual is employed in the field of medicine, law or teaching. Employees who do not qualify for any of the exemptions are nonexempt employees who are entitled to the federal minimum wage and overtime pay. REGULAR RATE OF PAY The regular rate of pay determines the amount of overtime pay owed to nonexempt employees for hours worked in excess of 40 hours during a workweek. Employees are entitled to time and onehalf their regular pay rate for each hour worked in excess of 40 hours during a workweek. The regular rate of pay for a nonexempt employee is equal to the total compensation paid to an employee (with the exception of certain payments excluded by FLSA) divided by the total number of hours worked by the employee during a single workweek. When an employee is paid an hourly rate, the hourly rate is the employee s regular rate of pay. -1-

2 NONEXEMPT OVERTIME/2 For example, if an employer pays an employee $10 per hour and the employee works 40 hours during a week, earning $400, the employee s regular rate of pay is $10 per hour. Assuming the employee earning $10 per hour works 45 hours during a single workweek, for each hour in excess of 40 hours worked, the employee is entitled to compensation at a rate of time and one-half their regular pay rate. Therefore, if a nonexempt employee whose rate of time is $10 per hour works five overtime hours during a workweek (45 hours total), he or she will be compensated for five additional hours at a rate of $15 per hour, or time and one-half the regular pay rate of $10 per hour. PIECE-MEAL WORK AND BY THE SQUARE Piece-meal work is work for which an employer agrees to pay a certain sum based on the completion of a certain task, production of a certain item or repair of a particular item. The purpose of paying employees a piece-meal rate is to compensate those employees for their productive and nonproductive time. Many roofing contracting companies that perform shingle installation pay their employees a mutually agreed upon piece-meal rate, such as a specified dollar amount per square. To determine the regular rate for employees paid by the square, the total wages earned by the employee for the workweek is divided by the total number of hours worked during that week, including productive and nonproductive hours. For each hour worked over 40 hours in a week, the piece-meal worker must be compensated at the rate of time and one-half the regular rate of pay for that week. For example, Roofs-4-U has been contracted to install a roof system on an elementary school. Roofs-4-U has agreed to pay its employee, Johnny Smith, $10 for each roofing square he installs. During a workweek, Johnny installs 800 roofing squares and earns $8,000. It took Johnny 60 hours to install the 800 roofing squares. To calculate Johnny s regular rate of pay, his total compensation -2-

3 NONEXEMPT OVERTIME/3 for the week ($8,000) is divided by the total number of hours he worked (60), which gives him a regular rate of $ per hour. Now, to determine how much additional compensation Johnny is owed, his employer must take Johnny s regular rate of $ per hour and divide it in half ($66.67). The employer then must multiply the half-rate ($66.67) by the total number of hours Johnny worked in excess of 40 hours (20 additional hours in this example) to determine Johnny s additional compensation: $66.67 x 20 = $1, Now, add the additional compensation ($1,333.40) to the regular pay for the week ($8,000) for a total of $9, for the workweek. Alternatively, FLSA allows an employee paid on a piece-meal basis, such as being paid by the square, to reach an agreement with the employer in advance that he or she will be paid at a rate of no less than time and one-half the regular pay rate for each piece produced during overtime hours. The rate must comply with FLSA minimum wage requirements, if applicable. In cases when such an agreement is made, the employer need not provide further overtime compensation. Such agreements may only be made if the piece rate is a bona fide rate, meaning it is the rate actually paid for work performed during regular (not overtime) hours and is above the minimum wage; the hours for which overtime compensation is being claimed are in excess of 40 hours for the workweek; and the compensation paid for the overtime hours is at least equal to time and one-half the regular pay rate applicable to minimum wage standards (depending on whether FLSA provisions are applicable). For example, Damon Jones is employed to install shingles for Roofers Plus at a piece rate of $100 for every 10 feet of shingling laid and has agreed in advance to paid $150 for every 10 feet of shingling laid during hours worked in excess of 40 hours during a single workweek. Damon lays 800 feet of shingling during his first 40 hours that week, earning $8,000 ($100 x 800/10). He then works an additional 10 hours that week, laying an additional 100 feet of shingling. Damon now is -3-

4 NONEXEMPT OVERTIME/4 entitled to $1,500 for his overtime work ($150 x 100/10), for a total of $9,500 for the workweek. This is an acceptable overtime arrangement because the rate of compensation is a bona fide piece rate; the overtime compensation is for time in excess of 40 hours for the workweek; and the rate of pay is at least equal to the applicable FLSA minimum wage standard. SALARY Some roofing contractors may choose to pay their nonexempt employees a salary rather than an hourly wage or by the square. In instances where nonexempt employees are paid a salary, it is important to know how many hours of work the salary is intended to cover in order to determine the regular rate of pay. For example, if the arrangement between the roofing contractor and the nonexempt employee is for the employee to be paid a weekly salary of $810 for a 45-hour workweek, the regular rate of pay is determined by dividing the $810 straight-time salary by 45 hours, resulting in a regular rate of pay of $18 an hour. In this example, the nonexempt employee who works 45 hours is due additional overtime computed by multiplying the five hours of overtime by one-half the regular rate of pay ($9). In this example, this amounts to an additional $45 ($9 x 5). If the salary paid to the nonexempt employee covers a period longer than one workweek, such as a month, it must be reduced to its workweek equivalent. A monthly salary, for example, is subject to translation to its equivalent weekly wage by multiplying by 12 (the number of months) and dividing by 52 (the number of weeks). Alternatively, the parities may provide the regular rates are to be determined by dividing the monthly salary by the number of working days in the month and then by the number of hours of the normal or regular workday (keep in mind, however, the regular rate must not be less than the minimum wage). -4-

5 NONEXEMPT OVERTIME/5 Given the increase in the number of wage and hour audits under the Obama administration, be sure to follow FLSA rules to avoid liability for back wages or unpaid overtime pay. ### -5-

Fact Sheet on the Payment of Salary Equal Rights Division Labor Standards Bureau

Fact Sheet on the Payment of Salary Equal Rights Division Labor Standards Bureau Equal Rights Division Labor Standards Bureau What is meant by salary? Salary is a regularly paid amount of money, constituting all or part of an employee s wages, paid on a weekly or less frequent basis,

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

SOUTH CAROLINA BUDGET AND CONTROL BOARD OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE

SOUTH CAROLINA BUDGET AND CONTROL BOARD OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE SOUTH CAROLINA BUDGET AND CONTROL BOARD OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS

More information

WELCOME TO THE FAIR LABOR STANDARDS ACT. Randall D. Van Vleck General Counsel New Mexico Municipal League Santa Fe, New Mexico Rvanvleck@nmml.

WELCOME TO THE FAIR LABOR STANDARDS ACT. Randall D. Van Vleck General Counsel New Mexico Municipal League Santa Fe, New Mexico Rvanvleck@nmml. WELCOME TO THE FAIR LABOR STANDARDS ACT Randall D. Van Vleck General Counsel New Mexico Municipal League Santa Fe, New Mexico Rvanvleck@nmml.org I. What is the Fair Labor Standards Act? The Fair Labor

More information

SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE

SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY.

More information

FLSA : is not an acronym for

FLSA : is not an acronym for FLSA : is not an acronym for Fairly Long Standing Agony The FAIR LABOR STANDARDS ACT Presented by: Jane Allen Fall 2008 Objectives Three Sessions Session I Overview of FLSA Hours Worked Session II Overtime

More information

Wage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions. By: Christina Lewis

Wage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions. By: Christina Lewis Wage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions By: Christina Lewis Exemptions under the FLSA Executive Employees Administrative Employees Professional Employees Computer Employees

More information

Common Payroll Pitfalls. Presented by: Christopher Brown, SPHR January 25, 2012

Common Payroll Pitfalls. Presented by: Christopher Brown, SPHR January 25, 2012 Common Payroll Pitfalls Presented by: Christopher Brown, SPHR January 25, 2012 1 Who is an Employee An employer-employee relationship generally exists if the person contracting for services has the right

More information

Draft FAIR LABOR STANDARDS ACT Exempt Hours Administration

Draft FAIR LABOR STANDARDS ACT Exempt Hours Administration Draft FAIR LABOR STANDARDS ACT Exempt Hours Administration Office of Human Resources and Workforce Diversity 1 FLSA The Fair Labor Standards Act (FLSA) of 1938 is the US federal wage and hour law, administered

More information

COUNTY OF ALBEMARLE PERSONNEL POLICY

COUNTY OF ALBEMARLE PERSONNEL POLICY P-61 COUNTY OF ALBEMARLE PERSONNEL POLICY P-61 OVERTIME/COMPENSATORY TIME POLICY I. GENERAL A. Purpose. This policy establishes the general guidelines and procedures Albemarle County will follow regarding

More information

ADMINISTRATIVE POLICY DISCLAIMER

ADMINISTRATIVE POLICY DISCLAIMER STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES EMPLOYMENT STANDARDS TITLE: OVERTIME NUMBER: ES.A.8.1 REPLACES: ES-013 CHAPTER: RCW 49.46.130 ISSUED: 1/2/2002 WAC 296-126 and WAC 296-128 REVISED:

More information

WAGE AND HOUR FOR HEALTH CARE EMPLOYERS 30 COMMON QUESTIONS

WAGE AND HOUR FOR HEALTH CARE EMPLOYERS 30 COMMON QUESTIONS WAGE AND HOUR FOR HEALTH CARE EMPLOYERS 30 COMMON QUESTIONS Note: This article directed toward health care employers. Although much of it will be of interest to other employers as well, its application

More information

03.602 Compensatory Leave and Overtime.

03.602 Compensatory Leave and Overtime. 03.602 Compensatory Leave and Overtime. 1. Purpose. To insure that staff members are compensated for overtime worked in accordance with the Fair Labor Standards Act of 1938, as amended, and the Texas Government

More information

Oklahoma State University Policy and Procedures. TIMEKEEPING AND OVERTIME (In Compliance with the Fair Labor Standards Act)

Oklahoma State University Policy and Procedures. TIMEKEEPING AND OVERTIME (In Compliance with the Fair Labor Standards Act) Oklahoma State University Policy and Procedures TIMEKEEPING AND OVERTIME (In Compliance with the Fair Labor Standards Act) 3-0742 ADMINISTRATION & FINANCE JUNE 2015 1.00 PURPOSE 1.01 An integral part of

More information

4/20/2015. Two Areas: Federal & State. Federal. News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act

4/20/2015. Two Areas: Federal & State. Federal. News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act Andy Volin 303.299.8268 avolin@shermanhoward.com Two Areas: Federal & State Federal Fair Labor Standards Act (FLSA) Establishes

More information

FAIR LABOR STANDARDS ACT FACT SHEET

FAIR LABOR STANDARDS ACT FACT SHEET FAIR LABOR STANDARDS ACT FACT SHEET ACADEMIC COUNSELORS & ADMISSION/ENROLLMENT COUNSELORS JUNE 2015 PRESIDENTIAL ORDER UPDATE On June 29, 2015, President Barack Obama announced his plan to extend overtime

More information

DOL Proposed Changes to FLSA Overtime Rules

DOL Proposed Changes to FLSA Overtime Rules DOL Proposed Changes to FLSA Overtime Rules Presented by: Mike Bourgon Mike Conroy Introduction On June 30, 2015, the United States Department of Labor (DOL) released proposed regulations that would modify

More information

Overtime Pay Administration and Hours of Work

Overtime Pay Administration and Hours of Work CLACKAMAS COUNTY EMPLOYMENT POLICY & PRACTICE (EPP) EPP # 15 Implemented: 12/31/92 Revised: 12/01/10 Overtime Pay Administration and Hours of Work PURPOSE: To ensure compliance with a variety of state

More information

Non-exempt Employees: Reporting Hours Worked; Overtime/Comp Time/Other. HR Facilitators Meeting July 2012. Human Resources

Non-exempt Employees: Reporting Hours Worked; Overtime/Comp Time/Other. HR Facilitators Meeting July 2012. Human Resources Non-exempt Employees: Reporting Hours Worked; Overtime/Comp Time/Other HR Facilitators Meeting July 2012 Objectives Why all hours worked by non-exempt employees need to be reported in Time & Labor How

More information

How to Avoid Emerging Wage & Hour Risks: Exempt or Non- Exempt, Contractor Liability & Minimum Wage Hikes

How to Avoid Emerging Wage & Hour Risks: Exempt or Non- Exempt, Contractor Liability & Minimum Wage Hikes How to Avoid Emerging Wage & Hour Risks: Exempt or Non- Exempt, Contractor Liability & Minimum Wage Hikes Jonathan C. Sterling, Shareholder, Carlton Fields Jorden Burt, P.A. The Onslaught Continues Wage

More information

New Developments for California Employees Paid on a Commission Basis:

New Developments for California Employees Paid on a Commission Basis: New Developments for California Employees Paid on a Commission Basis: Avoiding Traps for the Unwary Michael N. Westheimer Ruth L. Seroussi Buchalter Nemer PC Buchalter Nemer PC 55 Second Street, Suite

More information

EMPLOYMENT & LABOR LAW FLASH FOCUS

EMPLOYMENT & LABOR LAW FLASH FOCUS EMPLOYMENT & LABOR LAW FLASH FOCUS THE FEDERAL DEPARTMENT OF LABOR ISSUES NEW REGULATIONS GOVERNING EXEMPT EMPLOYEES The federal Department of Labor (DOL) recently issued new regulations governing the

More information

THE ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS

THE ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS THE ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS 2015 EMPLOYMENT LAW UPDATE SEMINAR Pay Issues Affecting Exempt (and Non-Exempt) Employees P R E S E N T E D B Y T h o m a s B. W i e s e r INTRODUCTION The

More information

A Service Contractor s Planning Guide. to the Affordable Care Act

A Service Contractor s Planning Guide. to the Affordable Care Act A Service Contractor s Planning Guide to the Affordable Care Act Planning for compliance and the impact of health care reform Starts with understanding the basics: The McNamara-O Hara Service Contract

More information

Compensation and Salary Administration

Compensation and Salary Administration Compensation and Salary Administration 1 Ori Murdock, SPHR HR Manager of G&A Partners Provides HR assistance and support to over 250 companies through out Texas and various other states. Over 15 years

More information

Regulations Part 778: Overtime Compensation

Regulations Part 778: Overtime Compensation Regulations Part 778: Overtime Compensation Title 29, Part 778 of the Code of Federal Regulations U.S. Department of Labor Wage and Hour Division WH Publication 1262 (Reprinted May 2011) Material contained

More information

HR Challenges Facing Small Business Owners

HR Challenges Facing Small Business Owners HR Challenges Facing Small Business Owners In my experience working with small businesses, I find that they usually spend countless hours searching the internet for answers to their HR problems. This is

More information

The following provisions apply to the accrual and use of overtime compensation:

The following provisions apply to the accrual and use of overtime compensation: To: All Appointing Authorities and Personnel Officers From: of Administrative Services Re: Overtime Compensation PURPOSE To require all agencies to adopt a uniform overtime compensation policy that complies

More information

City of Minneapolis Fair Labor Standards Act Procedures for Exempt Employees (Link to Policy)

City of Minneapolis Fair Labor Standards Act Procedures for Exempt Employees (Link to Policy) City of Minneapolis Fair Labor Standards Act Procedures for Exempt Employees (Link to Policy) Applies to: All employees classified as exempt as defined by the Fair Labor Standards Act (FLSA). These procedures

More information

Operating Policy and Procedure. DATE: February 9, 2015

Operating Policy and Procedure. DATE: February 9, 2015 [Major revision posted 2/9/15 (replaces 9/19/12 edition)] Operating Policy and Procedure : Overtime DATE: February 9, 2015 PURPOSE: The purpose of this Operating Policy and Procedure (OP) is to establish

More information

THE FAIR LABOR STANDARDS ACT: AN OVERVIEW

THE FAIR LABOR STANDARDS ACT: AN OVERVIEW THE FAIR LABOR STANDARDS ACT: AN OVERVIEW MATERIALS BY: ALLISON SCHAFER, LEGAL COUNSEL/DIRECTOR OF POLICY PRESENTED BY: CHRISTINE SCHEEF, STAFF ATTORNEY NORTH CAROLINA SCHOOL BOARDS ASSOCIATION July 2013

More information

California State University

California State University California State University Office of the Chancellor The Fair Labor Standards Act (FLSA): White Collar Exemption Guidelines Human Resources Administration 2004 The FLSA and White Collar Exemption Guidelines

More information

Strategy & Insights Energy Employment Law Group

Strategy & Insights Energy Employment Law Group Strategy & Insights Energy Employment Law Group Guidance For Employers In The Energy Industry To Avoid Common Wage & Hour Traps Through aggressive investigation and enforcement initiatives, the Department

More information

Regulation No: 2.8. 2. Compensatory time is accrued at one and one-half hours for each hour of overtime earned.

Regulation No: 2.8. 2. Compensatory time is accrued at one and one-half hours for each hour of overtime earned. I. OVERTIME PAY Under the Fair Labor Standards Act, an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Unless

More information

Guidance for Non-Profit Organizations on Paying Overtime under the Fair Labor Standards Act

Guidance for Non-Profit Organizations on Paying Overtime under the Fair Labor Standards Act WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR Guidance for Non-Profit Organizations on Paying Overtime under the Fair Labor Standards Act May 18, 2016 Introduction The Department of Labor (

More information

THE DOL S PROPOSED SALARY REGULATIONS

THE DOL S PROPOSED SALARY REGULATIONS THE DOL S PROPOSED SALARY REGULATIONS How to Fight Them, Plan For Them and Live With Them Ben H. Bodzy bbodzy@bakerdonelson.com 615.726.5640 (direct) STARTING AT THE BEGINNING... WAGE & HOUR LAW The Fair

More information

wage & hour laws 101

wage & hour laws 101 wage & hour laws 101 Table of Contents New Overtime Rules Proposed: What You Need to Know Now...3 The Department of Labor (DOL) has proposed changes to the overtime exemptions under the Fair Labor Standards

More information

CLASSIFIED STAFF OVERTIME CHARTS

CLASSIFIED STAFF OVERTIME CHARTS CLASSIFIED STAFF OVERTIME CHARTS Chart 1 - Full-time employees, when employee has actually worked in excess of his FLSA-defined work period (for most employees, 40 hours in a regularly scheduled workweek).

More information

Payroll NATIONAL CROSS-REFERENCE

Payroll NATIONAL CROSS-REFERENCE NATIONAL Payroll SUMMARY Federal and state wage and hour laws regulate the method of payment of wages, the payment of wages upon termination of employment, allowable deductions from employee paychecks,

More information

Policies of the University of North Texas Chapter 5. Human Resources. 1.4.2 Compensatory Leave and Overtime

Policies of the University of North Texas Chapter 5. Human Resources. 1.4.2 Compensatory Leave and Overtime Policies of the University of North Texas Chapter 5 1.4.2 Compensatory Leave and Overtime Human Resources Policy Statement. To insure that staff members are compensated for overtime worked in accordance

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

Classification of Employees as Exempt v. Non-Exempt Under the Fair Labor Standards Act. By Maureen E. Carr, Esq.

Classification of Employees as Exempt v. Non-Exempt Under the Fair Labor Standards Act. By Maureen E. Carr, Esq. Classification of Employees as Exempt v. Non-Exempt Under the Fair Labor Standards Act By Maureen E. Carr, Esq. The Fair Labor Standards Act ( FLSA ) is a wide-reaching employment law that establishes

More information

Why Should Businesses Care About Wage and Hour Laws?

Why Should Businesses Care About Wage and Hour Laws? MCFADDEN, WHITE SPRATTLIN & DAVIS LLC Society of Human Resource Management Rome Chapter Monthly Meeting - May 12, 2015 How To Avoid Costly Wage and Hour Lawsuits and Agency Investigations By Nancy S. Sprattlin,

More information

Understanding Exemptions Under the FLSA

Understanding Exemptions Under the FLSA Understanding Exemptions Under the FLSA Introduction The Fair Labor Standards Act (FLSA) was passed in 1938. It set standards for child labor, minimum wage and overtime pay. Since the passage of the Equal

More information

Overtime Pay Compliance for a New Era of Employment Law:

Overtime Pay Compliance for a New Era of Employment Law: A publication of Hunter Business Law Copyright 2016 Overtime Pay Compliance for a New Era of Employment Law: Effective Strategies and Planning Tools for Employers A GUIDE TO EMPLOYMENT COMPLIANCE 119 S.

More information

Frequently Asked Questions

Frequently Asked Questions NORTH CAROLINA DEPARTMENT OF LABOR WAGE AND HOUR BUREAU 1101 MAIL SERVICE CENTER RALEIGH, NC 27699-1101 919-807-2796 or Toll-free (NC only) 1-800-NC-LABOR Web site: www.nclabor.com Frequently Asked Questions

More information

Fair Labor Standards Act of 1938 (FLSA) Fair Labor Standards Act (FLSA) Fall ASBO October, 2010. Office of School Finance

Fair Labor Standards Act of 1938 (FLSA) Fair Labor Standards Act (FLSA) Fall ASBO October, 2010. Office of School Finance Fair Labor Standards Act (FLSA) As it Applies to West Virginia School Districts Presenter Susan Smith Executive Director West Virginia Department of Education http://wvde.state.wv.us What Is The FLSA?

More information

CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA

CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA Subject: Hours of Work, Workweek, Workday, Shifts, Overtime, Pay Premiums Memo No. 11 Total Pages: 8 Date: December 2, 2014 Approved by: Julia

More information

FREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016

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

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DAMAGES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DAMAGES IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WAYNE WILLIAMS, on behalf of himself and all others similarly situated, v. Plaintiff, PROTECT SECURITY, LLC. Defendant.

More information

Age Discrimination in Employment Act of 1967

Age Discrimination in Employment Act of 1967 A. Document Retention Policy 1. Objective The Objective of this policy is to establish a records retention program for SOME. Under this program, SOME s records will be retained for at least the minimum

More information

WAGE AND HOUR COMPLIANCE

WAGE AND HOUR COMPLIANCE WAGE AND HOUR COMPLIANCE Prepared and Presented by: Joseph DeGiuseppe, Jr. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 (914) 949-2700 jdegiuseppe@bpslaw.com June 18,

More information

HOT GOODS AND FAIR LABOR STANDARDS ACT COMPLIANCE

HOT GOODS AND FAIR LABOR STANDARDS ACT COMPLIANCE HOT GOODS AND FAIR LABOR STANDARDS ACT COMPLIANCE TEXAS WINE AND GRAPE GROWERS ASSOCIATION ANNUAL CONVENTION--FEBRUARY 19, 2015 Presented by: Ann Abrams Price, Esq. Boulette Golden & Marin ann@boulettegolden.com

More information

Overtime rules in Ontario

Overtime rules in Ontario Overtime rules in Ontario A how-to guide for employers to comply with employment standards overtime rules in Ontario Author: Editor: Yosie Saint-Cyr Adam Gorley Legal Editors: Stringer Brisbin Humphrey

More information

Case: 4:15-cv-00359 Doc #: 1 Filed: 02/24/15 1 of 7. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Case: 4:15-cv-00359 Doc #: 1 Filed: 02/24/15 1 of 7. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Case: 4:15-cv-00359 Doc #: 1 Filed: 02/24/15 1 of 7. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Jason Warren, on behalf of himself and all other similarly situated employees nationwide,

More information

The California State University Office of the Chancellor 401 Golden Shore Long Beach, CA 90802-4210 (562) 951-4411

The California State University Office of the Chancellor 401 Golden Shore Long Beach, CA 90802-4210 (562) 951-4411 The California State University Office of the Chancellor 401 Golden Shore Long Beach, CA 90802-4210 (562) 951-4411 Date: February 19, 2002 Code: HR 2002-05 To: CSU Presidents Supersedes: HR 2001-28 From:

More information

The Department of Labor's 6 Most Targeted Compliance Areas for Healthcare Employers

The Department of Labor's 6 Most Targeted Compliance Areas for Healthcare Employers GE Healthcare The Department of Labor's 6 Most Targeted Compliance Areas for Healthcare Employers Wage and Hour Compliance A Strategy for Healthcare Employers. by Stephanie Dodge Gournis Partner at DrinkerBiddle

More information

Employment and Labour Law in Canada

Employment and Labour Law in Canada Employment and Labour Law in Canada By Colin Kelly & Sven Poysa Frequent changes in Canadian employment and labour law present a significant challenge for employers doing business here. That challenge

More information

Q1: What law regulates the payment of overtime?

Q1: What law regulates the payment of overtime? Guidance for managing Non-Exempt Staff Q1: What law regulates the payment of overtime? A: The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards

More information

STATE COMPENSATORY TIME (EXEMPT AND NON-EXEMPT EMPLOYEES)

STATE COMPENSATORY TIME (EXEMPT AND NON-EXEMPT EMPLOYEES) STATE COMPENSATORY TIME (EXEMPT AND NON-EXEMPT EMPLOYEES) A. Purpose The purpose of this policy is to provide for the administration of state compensatory time for eligible employees of The University

More information

PREVAILING WAGE RESOURCE BOOK 2010 SCA COMPLIANCE PRINCIPLES

PREVAILING WAGE RESOURCE BOOK 2010 SCA COMPLIANCE PRINCIPLES INTRODUCTION DISCHARGING WAGE AND FRINGE BENEFIT OBLIGATIONS EMPLOYEE NOTIFICATION AND POSTER TIMELY PAYMENT OF WAGES AND FRINGE BENEFITS HOURS WORKED BONA FIDE FRINGE BENEFITS FRINGE BENEFIT REQUIREMENTS

More information

STAFF EMPLOYMENT MANUAL

STAFF EMPLOYMENT MANUAL Title: 4.0 Pay STAFF EMPLOYMENT MANUAL Chapter: 4.02 Hours, Overtime and Pay Practices Issuance Status and Effective Date: March 2013 1. Established Work Week For compliance with the overtime provisions

More information

Federal and New York Wage & Hour Laws. NYSAIS April 20, 2011

Federal and New York Wage & Hour Laws. NYSAIS April 20, 2011 NYSAIS April 20, 2011 Presented by Mark E. Brossman Scott A. Gold Adam J. Rivera Schulte Roth & Zabel LLP 212.756.2000 Governing Law Fair Labor Standards Act ( FLSA ) Federal wage and hour law that requires

More information

Overtime Personnel Policies for All Staff and Temporary Employees Indiana University UHRS

Overtime Personnel Policies for All Staff and Temporary Employees Indiana University UHRS 1 of 7 AFSCME(BL, IN, SB) 6.2 CWA 5.3 PA/SS 4.4 Police(BL, IN, NW, SB, SE) Temporary 4.2 Effective: May 16, 2010 Last Updated: December 7, 2012 Responsible University Office: University Human Resources

More information

4:15-cv-00432-RBH Date Filed 01/29/15 Entry Number 1 Page 1 of 10

4:15-cv-00432-RBH Date Filed 01/29/15 Entry Number 1 Page 1 of 10 4:15-cv-00432-RBH Date Filed 01/29/15 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Ryan Michael Stinnett, on behalf of himself CASE

More information

FLSA Proposed Exemption Changes Are Here: Learn How To Impact the Final Rule and How the Changes Impact You

FLSA Proposed Exemption Changes Are Here: Learn How To Impact the Final Rule and How the Changes Impact You FLSA Proposed Exemption Changes Are Here: Learn How To Impact the Final Rule and How the Changes Impact You Squire Patton Boggs Webinar Series Jill S. Kirila, Partner E: jill.kirila@squirepb.com T: 614.365.2772

More information

THREE RIVERS COMMUNITY COLLEGE PERSONNEL REGULATION

THREE RIVERS COMMUNITY COLLEGE PERSONNEL REGULATION Last Revision: Page 1 of 10 Introduction The Federal Fair Labor Standards Act (the Act ) was enacted by Congress to regulate such employment matters as hours of work, minimum wage, overtime compensation,

More information

Loan Officer Compensation Briefing

Loan Officer Compensation Briefing Loan Officer Compensation Briefing October, 2010 POE Group, Inc. Management consulting firm established in 1997 Clients range from small firms to mid caps Areas of Expertise Total reward systems Executive

More information

LEGISLATION ENACTED TO EXCLUDE EMPLOYEE STOCK OPTIONS FROM OVERTIME PAY. June 2000. www.morganlewis.com

LEGISLATION ENACTED TO EXCLUDE EMPLOYEE STOCK OPTIONS FROM OVERTIME PAY. June 2000. www.morganlewis.com LEGISLATION ENACTED TO EXCLUDE EMPLOYEE STOCK OPTIONS FROM OVERTIME PAY June 2000 www.morganlewis.com Brussels Frankfurt Harrisburg London Los Angeles Miami New York Philadelphia Northern Virginia Pittsburgh

More information

08.211 COMPENSATORY TIME (OVERTIME)

08.211 COMPENSATORY TIME (OVERTIME) 08.211 COMPENSATORY TIME (OVERTIME) Authority: History: Source of Authority: Related Links: Chancellor Revised November 2012,Revised December 1, 2009; Revised and reformatted, January 1, 2007; Supersedes

More information

2013 Payroll Fact Sheet

2013 Payroll Fact Sheet 2013 Payroll Fact Sheet Overtime Pay Obligation Generally The FLSA establishes minimum wage, overtime pay, equal pay and recordkeeping requirements for employees who are not exempt from the Act. Generally,

More information

Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)

Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) U.S. Department of Labor Wage and Hour Division (Revised July 2008) Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) This fact sheet provides a summary of the FLSA's

More information

Communications Broadcast Advisory

Communications Broadcast Advisory February 21, 2007 Communications Broadcast Advisory A Broadcaster s Guide to the Fair Labor Standards Act by Julia E. Judish and Ellen C. Cohen The Fair Labor Standards Act (the FLSA ) is the federal law

More information

Personnel Rule 3.9 -Compensation Conditions for Inclement Weather and Disaster Response. SMC 4.04.040 and subsequent revisions thereto, Administration

Personnel Rule 3.9 -Compensation Conditions for Inclement Weather and Disaster Response. SMC 4.04.040 and subsequent revisions thereto, Administration -Compensation Conditions for Inclement Weather and Disaster Response 3.9.0 Authority SMC 4.04.040 and subsequent revisions thereto, Administration SMC 4.04.050 and subsequent revisions thereto, Rule-Making

More information

WHO S EXEMPT? THE NEW FAIR LABOR STANDARDS ACT REGULATIONS By Brandon W. Zuk, Fraser Trebilcock Davis & Dunlap, P.C.

WHO S EXEMPT? THE NEW FAIR LABOR STANDARDS ACT REGULATIONS By Brandon W. Zuk, Fraser Trebilcock Davis & Dunlap, P.C. WHO S EXEMPT? THE NEW FAIR LABOR STANDARDS ACT REGULATIONS By Brandon W. Zuk, Fraser Trebilcock Davis & Dunlap, P.C. I. OVERVIEW OF THE FAIR LABOR STANDARDS ACT. A. The Fair Labor Standards Act is the

More information

4. EMPLOYMENT LAW. LET S GO LEGAL: The Right Road to Compliance & Protection KNOW KNOW MORE. 1. Minimum Wage & Overtime

4. EMPLOYMENT LAW. LET S GO LEGAL: The Right Road to Compliance & Protection KNOW KNOW MORE. 1. Minimum Wage & Overtime 4. EMPLOYMENT LAW KNOW There are five key areas of Employment Law for nonprofit to be aware of: 1. Minimum Wage & Overtime: Federal, State, and in some cases Local law regulates employers pay practices

More information

WORKERS' COMPENSATION INSURANCE

WORKERS' COMPENSATION INSURANCE Office of Information Technology Maine Employer s Mutual Insurance Company s (MEMIC) Rates The Bureau s website includes the following link to MEMIC s rates, charged per $100 of payroll for all classifications:

More information

How to Create a Payroll Procedures Manual! Presented by Max Muller!

How to Create a Payroll Procedures Manual! Presented by Max Muller! How to Create a Payroll Procedures Manual! Presented by Max Muller! Overview! How to put it all together! Using the terminology! Employee distinction! How to eliminate improper actions! When to make an

More information

Emerging Wage and Hour Investigations and Litigation in the Health Care Industry

Emerging Wage and Hour Investigations and Litigation in the Health Care Industry Emerging Wage and Hour Investigations and Litigation in the Health Care Industry Post-Acute Care in Transition Webinar Series September 17, 2014 2014 All Rights Reserved. Notice This presentation has been

More information

Frequently Asked Questions Volunteers, Employees, Compensation, and Benefits

Frequently Asked Questions Volunteers, Employees, Compensation, and Benefits Frequently Asked Questions Volunteers, Employees, Compensation, and Benefits 1. Are we required to provide benefits to part-time employees? Employers usually are not required to provide part-time employees

More information

Guide to Agriculture Employment and Volunteer Laws

Guide to Agriculture Employment and Volunteer Laws Guide to Agriculture Employment and Volunteer Laws Michael Kelley When hiring employees or taking on interns, individuals and organizations need to be aware of the variety of state and federal laws that

More information

INTRODUCTION THE LAW. Investigations of employers may be conducted under any one or more of the laws enforced by the Wage and Hour Division.

INTRODUCTION THE LAW. Investigations of employers may be conducted under any one or more of the laws enforced by the Wage and Hour Division. INTRODUCTION What would you do if your company received a letter from the United States Department of Labor ( DOL ) stating that an investigator would be at the door in the next few days to talk to the

More information

FLSA AND WAGE PAYMENT

FLSA AND WAGE PAYMENT FLSA AND WAGE PAYMENT EMPLOYMENT LAW CERTIFICATE SERIES: BUILDING WORKPLACES THAT WIN 12 AUGUST 2015 David Dubberly* and Jimmy Byars *Specialist in Employment and Labor Law ddubberly@nexsenpruet.com jbyars@nexsenpruet.com

More information

So You Think You Know About the FLSA? Ten Common Assumptions About the FLSA That Can Land You in Hot Water

So You Think You Know About the FLSA? Ten Common Assumptions About the FLSA That Can Land You in Hot Water So You Think You Know About the FLSA? Ten Common Assumptions About the FLSA That Can Land You in Hot Water Pamela A. Reynolds, Brown Rudnick LLP Most employers have at least a general idea of the requirements

More information

Valuation Generally, transportation benefits, under the general rule for fringe benefits, are valued at FMV; exceptions are noted where applicable.

Valuation Generally, transportation benefits, under the general rule for fringe benefits, are valued at FMV; exceptions are noted where applicable. Qualified Transportation Fringe (QTF) Benefits This section discusses rules that apply to benefits provided to his/her employees for the employee's personal transportation, such as commuting to and from

More information

Q&As Regarding Workers Who Perform Work Activities Involved in Surveying

Q&As Regarding Workers Who Perform Work Activities Involved in Surveying Q&As Regarding Workers Who Perform Work Activities Involved in Surveying 1. What determines whether or not federal Davis-Bacon prevailing wage requirements apply to a construction project? Prevailing wage

More information

Copyright September 2009 All Rights Reserved Employment Learning Innovations, Inc. Atlanta, Georgia

Copyright September 2009 All Rights Reserved Employment Learning Innovations, Inc. Atlanta, Georgia Copyright September 2009 All Rights Reserved Employment Learning Innovations, Inc. Atlanta, Georgia Audio will be broadcast through your speakers. If you cannot hear the audio, please check your speakers.

More information

HIGHLIGHTS FROM THE DEPARTMENT OF LABOR ON NEW OVERTIME RULES

HIGHLIGHTS FROM THE DEPARTMENT OF LABOR ON NEW OVERTIME RULES HIGHLIGHTS FROM THE DEPARTMENT OF LABOR ON NEW OVERTIME RULES 14. Q. What are the significant proposed changes to the overtime regulations for white collar workers? A. To restore the effectiveness of the

More information

RULE 16 - WORK PERIOD, OVERTIME, COMPENSATORY TIME AND HOLIDAY PAY

RULE 16 - WORK PERIOD, OVERTIME, COMPENSATORY TIME AND HOLIDAY PAY RULE 16 - WORK PERIOD, OVERTIME, COMPENSATORY TIME AND HOLIDAY PAY Section 1. Work Period The work period for all employees shall be as designated by the City Manager. Section 2. Pay Period The pay period

More information

Fact sheet. New York State Department of Labor Wage Theft prevention act. What is New?

Fact sheet. New York State Department of Labor Wage Theft prevention act. What is New? Fact sheet New York State Department of Labor Wage Theft prevention act A law passed in 2010 gives more protection to workers in New York State. This law, the Wage Theft Prevention Act (WTPA), took effect

More information

THE REGULAR RATE. for Calculating Overtime What to Include, What to Leave Out.

THE REGULAR RATE. for Calculating Overtime What to Include, What to Leave Out. THE REGULAR RATE for Calculating Overtime What to Include, What to Leave Out. HOLIDAY PAY Should holiday pay be included in the regular rate when calculating overtime compensation? Generally, no. According

More information

Timekeeping Ethics Policy

Timekeeping Ethics Policy Timekeeping Ethics Policy The California Institute of Technology, as an employer and a government contractor, is subject to numerous laws and regulations that govern the way the Institute conducts business.

More information

Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes

Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes Presented by: Austin E. Smith Ogletree Deakins Thursday, June 27, 2013 1:30 p.m. to 3:00 p.m. Eastern 12:30 p.m. to 2:00 p.m. Central

More information

The duties and the amount of time, in general, that an IT Support Specialist would spend on such duties are described below:

The duties and the amount of time, in general, that an IT Support Specialist would spend on such duties are described below: U.S. Department of Labor Employment Standards Administration Wage and Hour Division Washington, D.C. 20210 October 26, 2006 FLSA2006-42 Dear Name*: This is in response to your request for an opinion concerning

More information

Fair Labor Standards Act Guide

Fair Labor Standards Act Guide Fair Labor Standards Act Guide Executive Employee Exemption not less than [minimum wage x 40 hours] per week exclusive of board, lodging or other facilities, AND Primary duty is management of the enterprise

More information

COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117

COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117 COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117 MEMORANDUM Effective Date: 07/06/89 Supersedes: Revision Date: Director's Approval (Date): Under Revision: Document

More information

Wage and Hour Issues for 2016 January 20, 2016

Wage and Hour Issues for 2016 January 20, 2016 Audit Yourself First: Wage and Hour Issues For 2016 Brenda Kasper and Lisa Frank SD SHRM Law Day 2016 Agenda Discuss new and amended CA wage and hour laws and new cases Consider exemption audit best practices

More information

The Top Three FLSA Violations and How to Avoid Them

The Top Three FLSA Violations and How to Avoid Them The Top Three FLSA Violations and How to Avoid Them Vicki M. Lambert, CPP Introduction The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for administering and enforcing some

More information

Mastering Payroll Compliance THE TOP 10 MISTAKES THAT COST EMPLOYERS MONEY

Mastering Payroll Compliance THE TOP 10 MISTAKES THAT COST EMPLOYERS MONEY Mastering Payroll Compliance THE TOP 10 MISTAKES THAT COST EMPLOYERS MONEY EXECUTIVE SUMMARY Businesses pay government agencies millions of dollars each year in compliance penalties. And in this economy,

More information

Fair Labor Standards Act (FLSA) Legal Compliance Refresher

Fair Labor Standards Act (FLSA) Legal Compliance Refresher Fair Labor Standards Act (FLSA) Legal Compliance Refresher April Underwood, Compensation Consultant Scott Shimoda, Compensation Consultant University Compensation Services Poplars E165 SalaryIU@indiana.edu

More information