BB. An Update on the Fair Labor Standards Act and How the New White Collar Exemption Regulations will Affect Long Term Care Facilities

Size: px
Start display at page:

Download "BB. An Update on the Fair Labor Standards Act and How the New White Collar Exemption Regulations will Affect Long Term Care Facilities"

Transcription

1 BB. An Update on the Fair Labor Standards Act and How the New White Collar Exemption Regulations will Affect Long Term Care Facilities Cohen & Grigsby PC Pittsburgh, PA Cohen & Grigsby, PC Pittsburgh, PA I. INTRODUCTION W. Scott Hardy, Esq. John E. Lyncheski, Esq. A. Background The Fair Labor Standards Act ( FLSA ) requires that certain employees be paid a minimum wage of at least $5.15 per hour. The FLSA also requires that employees not classified as exempt be compensated at the rate of time and one half of their regular rate for all hours worked in excess of forty (40) in a workweek. A special provision allows healthcare employers to calculate overtime in certain circumstances based on a fourteen (14) day period and to instead pay overtime after eighty (80) hours of work in that fourteen (14) day period provided the employer also pays overtime for all hours worked in excess of eight (8) in a given workday. The FLSA also requires that records be maintained of hours worked and pay for a period of three (3) years and that a notice be posted notifying employees of their rights under the Act. B. The DOL's New White Collar Exemption Regulations On April 20, 2004, U.S. Secretary of Labor Elaine Chao announced revised regulations that affect millions of employees including employees working in long term care and their eligibility for overtime under the FLSA. These new regulations, which constitute the first broad revision in the DOL's overtime guidelines in 50 years, seek to clarify and simplify the tests that must be applied by employers in determining which employees are entitled to receive overtime compensation. These new regulations address the so-called white collar exemptions under the FLSA which encompass employees who work within certain administrative, professional and executive classifications. The regulations became effective on August 23, II. AREAS OF POTENTIAL VULNERABILITY A. Hours Worked ( 29 C.F.R ; 29 C.F.R ) 1. Principal activities -- any work of consequence performed for an employer, no matter when the work is performed. Includes all activities that are an integral part of the principal activity including those closely related activities that are indispensable to its performance. 2. Preliminary activities -- activities engaged in before the

2 commencement of an employee's principal activity or activities on any particular workday a. Equipment maintenance b. Changing clothes, showering or washing if required by the nature of the work ( 29 C.F.R ) 3. Postliminary activities -- activities engaged in after the completion of principal activities on any particular workday a. Cleaning cash register or totaling receipts b. Arranging or putting merchandise away 4. Regular working hours a. Non compensable lunch breaks 1) Uninterrupted 2) Minimum one-half hour in duration B. Travel Time ( 29 C.F.R ) 1. Generally, employers do not have to pay employees a. For time spent traveling between their homes and the first work site and between the last work site and their homes, when driving the employer's vehicle is strictly voluntary and not a condition of employment; b. If the vehicle is the type that normally would be used for commuting; c. If the employee incurs no costs for driving or parking the vehicle; and d. The work sites are within the normal commuting area of the employer's establishment 2. Home to work on special one-day assignments in another city 3. Home to work in emergency situations 4. Travel away from employee's home city when the employee uses his own vehicle 5. Travel away from employee's home city C. Lectures, meetings and training programs ( 29 C.F.R ; 29 C.F.R ) 1. Generally, attendance at lectures, meetings, training programs need not be counted as working time so long as all of the four following criteria are met: a. Attendance is outside of the employee's regular working hours b. Attendance is in fact voluntary c. The course, lecture or meeting is not directly related to the employee's job d. The employee does not perform any productive work during such attendance 2. Exceptions: a. Program of instruction which corresponds to outside courses at institutions of learning 1) Voluntary attendance by an employee at such courses outside of

3 working hours would not be hours worked even if they are directly related to the job or paid for by the employer b. Voluntary, independent training c. Apprenticeship training 3. Training designed to upgrade skill level a. Where training course is instituted for advancement through upgrading the employee's skill and is not intended to make the employee more efficient in his present job, the training is not considered to be directly related to the employee's job even though the course incidentally improves his skill in doing his regular work D. Volunteer Activities ( 29 C.F.R ) E. Non-Exempt vs. Exempt Status III. THE NEW SECTION 541 REGULATIONS: THE NEW CONTOURS OF THE WHITE-COLLAR EXEMPTIONS Section 13(a) of the FLSA provides exemptions from the minimum wage and overtime provisions for employees employed as bona fide executive, administrative, and professional employees, as well as certain computer employees and outside sales personnel. To be an executive, administrative, or professional employee exempt from overtime provisions of the FLSA under the DOL's new whitecollar exemption regulations, the employee (or employee classification) in question must satisfy the salary amount, salary basis, and duties tests. The contours of these tests have been redefined by new regulations as follows: A. Salary Amount Test 1. Threshold Salary Level The new regulations establish a required minimum guaranteed weekly salary of $455 (or $910 bi-weekly; $ semi-monthly; $1, monthly; or $23,660 annually) for most exempt executive, administrative and professional employees. See 29 C.F.R There is no minimum salary amount for professional employees engaged as teachers, lawyers, and doctors. See 29 C.F.R (e); 29 C.F.R Exempt computer employees may meet the compensation threshold by earning an hourly rate not less than $ See 29 C.F.R (d) and 29 C.F.R (b). Academic administrative employees may meet the compensation threshold by earning a salary at a rate at least equal to the entrance salary for teachers in the educational establishment by which the employee is employed. See 29 C.F.R (c) and 29 C.F.R (a)(1). The minimum salary amount must be exclusive of board, lodging or other facilities, that is, free and clear of any claimed credit for non-cash items of value that the employer may provide to an employee. See 29 C.F.R. Sec ; see also 29 C.F.R. Sec.

4 The minimum salary amount does not apply to any employee who owns at least a bona fide 20% equity interest in the enterprise if the employee is actively engaged in its management. See 29 C.F.R. Sec Highly Compensated Employees The new regulations create an exemption for any employee with total annual compensation of at least $100,000 if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee. See 29 C.F.R B. Salary Basis Test Except for teachers, lawyers, doctors, and computer employees, all executive, administrative and professional employees must be paid a bona fide salary to be exempt. 1. Salary Basis Defined An employee will be considered to be paid on a salary basis if the employee regularly receives each pay period a predetermined amount constituting all or part of the employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. Except in limited circumstances, an exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked. If the employee is ready, willing, and able to work, deductions may not be made for time when work is not available. See 29 C.F.R Fee Basis Is Acceptable For Certain Employees As an acceptable alternative to the salary basis, Administrative and professional employees may be paid on a fee basis ( i.e., the employee is paid an agreed sum for a single, unique job regardless of the time required for its completion) and remain exempt. See 29 C.F.R Deductions. Certain deductions may be taken from an exempt employee's salary without destroying their exempt status. Deductions are permissible in the following circumstances: 1) Absences of a day or more for personal reasons other than sickness or accident, 29 C.F.R (b)(1); 2) Absences of a day or more because of sickness or disability if the employer has a plan, policy or practice providing compensation for loss of salary due to sickness or disability (similarly, if benefits are provided in accordance with a state sickness and disability insurance law, or private sickness and disability insurance plan), 29 C.F.R (b)(2); 3) Industrial accidents if the employee is compensated for loss of salary in accordance with applicable compensation law or plan adopted by the employer, 29 C.F.R (b)(2);

5 4) Penalties imposed in good faith for violations of major safety rules, 29 C.F.R (b)(4); 5) Partial days under the Family and Medical Leave Act, 29 C.F.R (b)(7); 6) Deductions from vacation or sick leave credits, provided that the deductions do not reduce the compensation for any week in which some work is performed, 29 C.F.R (b)(2); 7) Prorating an employee's salary for the initial or terminal week of employment for time actually worked, 29 C.F.R (b)(6); and 8) Deductions for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace rules if imposed pursuant to a written policy applicable to all employees, 29 C.F.R (b)(5). This deduction is newly permissible. The prior regulations required unpaid disciplinary suspensions to be at least a week in duration to avoid destroying the disciplined employee's exempt status. However, certain other deductions will result in the destruction of an employee's exempt status, including the following: 1) Salary deductions for part-day absences; 2) Benefits deductions for part-day absences from sick, personal or vacation leave; 3) Payment of additional compensation, including overtime pay or compensatory time off, tied directly to the number of extra hours worked; 4) Salary deductions for absences caused by jury duty, attendance as a witness or temporary military leave; 5) Suspensions without pay for temporary budget-related business requirements. 6) Effect of Improper Deductions From Salary An employer who makes improper deductions from salary shall lose the exemption if the facts demonstrate that the employer did not intend to pay employees on a salary basis. 29 C.F.R An actual practice of making improper deductions demonstrates that the employer did not intend to pay employees on a salary basis. Factors to consider to determine if the employer has such an actual practice include: (i) the number of improper deductions; (ii) the time period during which the employer made improper deductions; (iii) the number and geographic location of employees whose salary was improperly reduced; (iv) the number and geographic location of managers responsible for taking the improper deductions; and (v) whether the employer has a clearly communicated policy permitting or prohibiting improper deductions. 29 C.F.R (a). If an employer is deemed to have an actual practice of taking impermissible deductions, then the exempt status is lost during the time period in which the improper deductions were made for employees in the same job classification working for the same managers responsible for the actual improper deductions. 29 C.F.R (b).

6 4. Safe Harbor Improper deductions that are either isolated or inadvertent will not result in loss of the exemption if the employer reimburses the employee for such improper deductions. See 29 C.F.R (c). An employer will not lose exemptions for any employees if the employer has a clearly communicated (and written) policy that prohibits improper pay deductions and includes a complaint mechanism, if the employer reimburses employees for improper deductions, and if the employer makes a good faith commitment to comply in the future. See 29 C.F.R (d). 5. Minimum Guarantee Plus Extra An employer may provide an exempt employee with additional compensation without losing the exemption or violating the salary basis requirement if the employment arrangement also includes a guarantee of at least the minimum weekly-required amount paid on a salary basis. See 29 C.F.R C. Duties Test 1. Definitions & Common Rules For All Exemptions: (a) Primary Duty. To qualify as exempt, an employee's primary duty must be the performance of exempt work. The term primary duty means the principal, main, major, or most important duty that the employee performs. Factors to consider when determining the primary duty of an employee include: (i) relative importance of exempt duties as compared to other duties; (ii) the amount of time spent performing exempt work (while time along is not a controlling factor, spending more than 50% on exempt work will generally satisfy the primary duty requirement); (iii) the employee's relative freedom from direct supervision; and (iv) the relationship between the employee's salary and the wages paid to other employees for the kind of nonexempt work performed by the employee. See 29 C.F.R. Sec (b) Directly and Closely Related. Work that is directly and closely related to the performance of exempt work is also considered exempt work. The phrase directly and closely related means tasks that are related to exempt duties and that contribute to or facilitate performance of exempt work. See 29 C.F.R. Sec (c) Customarily and Regularly. The phrase customarily and regularly means a frequency that is greater than occasional but which may be less than constant, including work normally and recurrently performed every workweek; it does not include isolated and one time tasks. See 29 C.F.R. Sec ; see also 29 C.F.R. Sec (defining occasional tasks ). (d) Emergencies. An exempt employee will not lose the exemption by performing work of a normally nonexempt nature because of the existence of an emergency that threatens the safety of employees, a cessation of operations, or serious damage to the employer's property. In this context, emergencies are events that the employer cannot reasonably anticipate. See 29 C.F.R. Sec (e) Concurrent Duties. Concurrent performance of exempt and

7 nonexempt work does not disqualify an employee from an exemption if the exemption requirements are otherwise met. See 29 C.F.R. Secs Executive Exemption ( 29 C.F.R. Sec et. seq. ) (a) An exempt Executive's primary duty is the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision of the enterprise. See 29 C.F.R. Sec (a)(2); see also 29 C.F.R. Sec (defining management by way of various illustrative examples such as: interviewing, selecting, and training employees; setting and adjusting rates of pay and hours of work, etc.). (b) An exempt Executive must customarily and regularly direct the work of two or more other employees. See 29 C.F.R. Sec (a)(3); see also 29 C.F.R. Sec (defining two or more employees as two full-time employees or its equivalent, such as one full-time employee and two half-time employees; the hours worked by the supervised employees cannot be counted by more than one putative exempt executive employee; and an employee who merely assists the manager of a particular department and supervises two or more employees only in the actual manager's absence does not meet this requirement); and (c) An exempt Executive must have the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight. See 29 C.F.R. Sec (a)(4); see also 29 C.F.R. Sec (identifying several factors to consider when a putative executive's suggestions and recommendations are given particular weight : (i) whether it is part of the employee's job duties to make such suggestions and recommendations; (ii) the frequency with which such suggestions and recommendations are made or requested; and (iii) the frequency with which the employee's suggestions and recommendations are relied upon. 3. Administrative Exemption ( 29 C.F.R. Secs et. seq. ) (a) An exempt administrative employee's primary duty is the performance of office or non-manual work directed related to the management or general business operations of the employer or the employer's customers. See 29 C.F.R. Sec (a)(2); see also 29 C.F.R. Sec (defining directed related to the management or general business operations as work directly related to assisting with the running or servicing of the business, as distinguished, for example, from working on a production line or selling a product in a retail or service establishment). (b) An exempt administrative employee's primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. See 29 C.F.R. Sec (a)(3); see also 29 C.F.R. Sec (defining exercise of discretion and independent judgment as involving the comparison and the evaluation of possible courses of conduct, and acting or making a decision after

8 the various possibilities have been considered; also defining matters of significance to mean the level of importance or consequence of the work performed ). (c) Examples of exempt administrative employees include: insurance claims adjusters; certain executive assistants to a senior executive; certain human resource managers; and purchasing agents with authority to bind the enterprise on significant purchases. See 29 C.F.R. Sec (a) (j). (d) Separate provision for defining the exemption for administrative employees of educational establishments provides exemption for employees' whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment or department or subdivision of it. See 29 C.F.R. Sec Professional Exemption ( 29 C.F.R. Secs et. seq. ) (a) Learned Professionals Primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. 29 C.F.R. Secs (a). (i) Work requiring advanced knowledge is defined as work which predominately is intellectual in character, and which includes the consistent exercise of discretion and judgment, as distinguished from performance of routine mental, manual, mechanical or physical work. Advanced knowledge is used generally to analyze, interpret or make deductions from varying facts or circumstances; advanced knowledge cannot be attained at the high school level. 29 C.F.R. Sec (b). (ii) Field of science or learning means traditional professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical, and biological sciences, pharmacy and other similar occupations that have a recognized professional status as distinguished from the mechanical arts or skilled trades. 29 C.F.R. Sec (c). (iii) The phrase customarily acquired by a prolonged course of specialized intellectual instruction limits this exemption to professions where specialized academic training is a standard prerequisite for entrance into the profession. 29 C.F.R. Sec (d). (iv) The learned professional exemption does not apply to occupations in which most employees have acquired their skill by experience rather than by advanced specialized intellectual instruction. 29 C.F.R. Sec (d) (v) Examples of exempt learned professional employees include: registered or certified medical technologists; registered nurses; certain dental hygienists; certain physician assistants; certified public accountants; certain chefs; certain athletic trainers; certain licensed funeral directors and embalmers. 29 C.F.R. Sec (e)(1) (9) (vi) Possibly other occupations that require advanced specialized degree and require accreditation and/or licensure.

9 (b) Creative Professionals Primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic endeavor as opposed to routine mental, manual, mechanical or physical work; this exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training. 29 C.F.R. Sec (a). (i) The term recognized field of artistic endeavor includes such fields as music, writing, acting, and the graphic arts. 29 C.F.R. Sect (b). (ii) The phrase work requiring invention, imagination, originality or talent is meant to distinguish the creative/artistic professions from work that depends primarily on intelligence, diligence, and accuracy. 29 C.F.R. Sec (c). (c) Teachers A teacher is an exempt professional employee if he or she has the primary duty of teaching in an educational establishment, including teachers of skilled and semiskilled trades and occupations. 29 C.F.R. Sec (d) Lawyers & Doctors Doctors and lawyers are exempt professionals if they hold a valid license or certificate permitting the practice of law or medicine (or any of their branches) and is actually engaged in the practice of law or medicine. Any employee who holds the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program is also an exempt professional employee. 29 C.F.R. Sect (a)(1) (2). Exempt doctors include: medical physicians, osteopathic physicians, podiatrists, dentists, and optometrists. 29 C.F.R. Sec (b). 5. Computer Professionals ( 29 C.F.R. Secs et. seq. ) (a) Exempt computer professionals must have as a primary duty: (i) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (ii) 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 specification; (iii) The design, documentation, testing, creation or modification or computer programs related to machine operating systems; or (iv) A combination of duties (i) through (iii) above. (b) Employees engaged in the manufacture or repair of computer hardware and related equipment are not exempt. 29 C.F.R. Sec Outside Sales Employees (a) An outside sales employee is exempt if his or her primary duty is: (i) making outside sales; or

10 (ii) obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and (b) Who is customarily and regularly engaged away from the employee's place or places of business in performing such primary duty. IV. TIPS FOR RESPONDING TO DOL-WAGE HOUR DIVISION INVESTIGATIONS A. Requests for Information B. Self Audits C. Waiver of Statute of Limitations D. Settlements and Releases E. Litigation Strategies V. CIVIL MONEY PENALTIES A. A penalty of up to $1,000 per violation may be assessed against any person who repeatedly or willfully violates the minimum wage or overtime provisions of the Act. B. Repeat violations defined 1. Employer has previously violated the minimum wage or overtime provisions of the Act, provided the employer has previously received notice, through a responsible official of the Wage and Hour Division or otherwise authoritatively, that the employer allegedly was in violation of the provisions of the Act; or 2. Where a court or other tribunal has made a finding that an employer has previously violated the minimum wage or overtime provisions of the Act, unless appeal there from which has been timely filed is pending before a court or other tribunal with jurisdiction to hear the appeal, or unless the finding has been set aside or reversed by such appellate tribunal C. Willful violations defined 1. Employer knew that its conduct was prohibited by the Act or showed a reckless disregard for the requirements of the Act. All facts and circumstances shall be taken into account a. Knowing -- employer received advice from a responsible official of the Wage and Hour Division to the effect that the conduct in question was not lawful b. Reckless disregard -- employer should have inquired further into whether its conduct was in compliance with the Act and failed to make adequate further inquiry D. Determination of Penalty Amount 1. Administrator shall consider the seriousness of the violations and the size of the employer's business. Where appropriate, the administrator may also consider other relevant factors in assessing the penalty, including but not limited to: a. Whether the employer made efforts in good faith to comply with the provisions of the act and this part;

11 b. Explanation for the violations, including whether the violations were the result of a bona fide dispute of doubtful legal certainty; c. Previous history of violations, including whether employer is subject to injunction against violations of the Act; d. Employer's commitment to future compliance; e. Interval between violations; f. The number of employees affected; and g. Whether there is any pattern to the violations VI. BE MINDFUL OF MORE STRINGENT STATE WAGE-HOUR LAWS The FLSA provides only minimum standards, and while no State can waive or reduce FLSA protections, States can grant employees greater protections. Employers must obey the FLSA and any state or municipal law, in whatever combination is most beneficial to the employee. Thus far, 18 jurisdictions currently have comprehensive wage/hour regulations that are more generous than the FLSA Employers operating in these States will be required to apply the State Regulations, as well as any new DOL Regulations from the FLSA that would grant non-exempt status to previously exempt employees. Employers are under a double burden: they must satisfy two different tests to ensure that their employees are exempt from overtime pay eligibility. The remaining 32 states and the District of Columbia either do not have comprehensive wage/hour statutes or their overtime definitions are directly related to, and are commensurate with, the FLSA. VII. RECOMMENDATIONS FOR LIMITING FLSA EXPOSURE A. Conduct Self Audits & Ensure Proper Classification and Pay Practices B. Implement Accurate Job Descriptions C. Implement Safe Harbor D. Educate HR and Payroll Personnel

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

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

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

Exempt or Not Exempt? The Fair Labor Standards Act (FLSA)

Exempt or Not Exempt? The Fair Labor Standards Act (FLSA) Exempt or Not Exempt? The Fair Labor Standards Act (FLSA) Background and Purpose The Fair Labor Standards Act (FLSA) is a U.S. Federal Law enacted in 1938 to prohibit employers from taking advantage of

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

SUMMARY OF FINAL RULE CONCERNING FLSA WHITE COLLAR EXEMPTIONS. Salary Basis Test ( 541.602)

SUMMARY OF FINAL RULE CONCERNING FLSA WHITE COLLAR EXEMPTIONS. Salary Basis Test ( 541.602) SUMMARY OF FINAL RULE CONCERNING FLSA WHITE COLLAR EXEMPTIONS By: Gregory P. Kult 1 April 30, 2004 The federal Fair Labor Standards Act (FLSA) requires covered employers to pay employees at least the federal

More information

Topic: They re Here (Are You Ready?): The New FLSA Regulations

Topic: They re Here (Are You Ready?): The New FLSA Regulations THE RESOURCE A Legal Newsletter for Employers & Human Resource Professionals By: L. Diane Tindall & Mary S. McCrory Attorneys-at-Law Issue XXI Summer 2004 Topic: They re Here (Are You Ready?): The New

More information

The Fair Labor Standards Act and the Connecticut Wage and Hour Law: Executive, Administrative and Professional Exemptions

The Fair Labor Standards Act and the Connecticut Wage and Hour Law: Executive, Administrative and Professional Exemptions The Fair Labor Standards Act and the Connecticut Wage and Hour Law: Executive, Administrative and Professional Exemptions Fair Labor Standards Act Federal Minimum Wage: $7.25/hour Connecticut Minimum Wage:

More information

Overview of Changes to Regulations. Among other changes, the new regulations:

Overview of Changes to Regulations. Among other changes, the new regulations: On April 20, 2004, in an attempt to better accommodate the realities of the modern workplace, the United States Department of Labor ( DOL ) published regulations changing the standards governing whether

More information

WHAT EMPLOYERS NEED TO KNOW ABOUT RECENT CHANGES TO THE FLSA REGULATIONS

WHAT EMPLOYERS NEED TO KNOW ABOUT RECENT CHANGES TO THE FLSA REGULATIONS Spring 2005 BY JEFFREY A. DRETLER WHAT EMPLOYERS NEED TO KNOW ABOUT RECENT CHANGES TO THE FLSA REGULATIONS On April 20, 2004, the U.S. Department of Labor (DOL) announced changes to the white collar exemptions

More information

PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY

PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY D 23.17 1 of 6 Background It is the policy of the Board of Supervisors that all of its managers and supervisors are versed in the requirements of the Fair

More information

It is the responsibility of the Agency Head, or their designee, to determine whether any exemption is applicable to particular employees.

It is the responsibility of the Agency Head, or their designee, to determine whether any exemption is applicable to particular employees. Page 1 of 10 EXEMPTION OF EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND COMPUTER EMPLOYEES UNDER THE FLSA The exempt or non-exempt status of any particular employee must be determined on the basis of whether

More information

The Fair Labor Standards Act1 ( FLSA ) is a federal law that applies to

The Fair Labor Standards Act1 ( FLSA ) is a federal law that applies to Information I n f o r m a t i o n Bulletin B u l l e t i #1 n # 5 HR National Association of Community Health Centers, Inc HUMAN RESOURCES SERIES For more information please contact Jacqueline C. Leifer,

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

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

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

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

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

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

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

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

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

A. TESTS USED TO DETERMINE EXEMPT STATUS OF EXECUTIVE, ADMINISTRATIVE AND/OR PROFESSIONAL EMPLOYEES:

A. TESTS USED TO DETERMINE EXEMPT STATUS OF EXECUTIVE, ADMINISTRATIVE AND/OR PROFESSIONAL EMPLOYEES: Exemptions As a general rule, all employees working for a covered employer are subject to the provisions of the FLSA and any analogous state wage and hour law. Some employees, however, are exempt from

More information

Executive Exemption Worksheet

Executive Exemption Worksheet Executive Exemption Worksheet This position is paid on a salary basis. This position receives a guaranteed salary of at least $455 each week. The primary duty of this position is management of the enterprise

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

FAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules. Matthew Scott Disbrow, Esq.

FAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules. Matthew Scott Disbrow, Esq. FAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules Matthew Scott Disbrow, Esq. I. THE FAIR LABOR STANDARDS ACT The United States Congress passed the Fair Labor Standards Act, 29 U.S.C. 210, et. seq. (

More information

Stephen F. Austin STATE UNIVERSITY

Stephen F. Austin STATE UNIVERSITY Stephen F. Austin STATE UNIVERSITY FLSA Exemption Test Worksheet Executive, Professional, Computer, and Administrative Exemption Tests Federal law provides that employees may be exempt from the overtime

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

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

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

OH, NO! IT S WAGE AND HOUR! UNDERSTANDING WHO IS EXEMPT AND NON-EXEMPT by

OH, NO! IT S WAGE AND HOUR! UNDERSTANDING WHO IS EXEMPT AND NON-EXEMPT by OH, NO! IT S WAGE AND HOUR! UNDERSTANDING WHO IS EXEMPT AND NON-EXEMPT by Scott Warrick, JD, MLHR, SPHR I. EXECUTIVE EXEMPTION A. Executive Exemption Short Test To qualify for the executive employee exemption,

More information

Published on e-li (https://ctas-eli.ctas.tennessee.edu) June 29, 2016 Executive, Administrative and Professional Exemptions

Published on e-li (https://ctas-eli.ctas.tennessee.edu) June 29, 2016 Executive, Administrative and Professional Exemptions Published on e-li (https://ctas-eli.ctas.tennessee.edu) June 29, 2016 Executive, Administrative and Professional Exemptions Dear Reader: The following document was created from the CTAS electronic library

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

Wage & Hour Issues in Today's A/E Industry Hosted By ACEC Washington

Wage & Hour Issues in Today's A/E Industry Hosted By ACEC Washington Wage & Hour Issues in Today's A/E Industry Hosted By ACEC Washington September 5, 2012 David K. Eckberg & Kara R. Masters Skellenger Bender, P.S. deckberg@skellengerbender.com kmasters@skellengerbender.com

More information

Compensation Basics For Managers and Supervisors

Compensation Basics For Managers and Supervisors Compensation Basics For Managers and Supervisors Truths About Compensation Truth #1: Compensation management is more of an art than a science. 2 Truths About Compensation Many elements influence pay decisions

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

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

An Introduction to FLSA: Fair Labor Standards Act Participant Guide

An Introduction to FLSA: Fair Labor Standards Act Participant Guide An Introduction to FLSA: Fair Labor Standards Act Participant Guide SVH: HR Design Intro to FLSA 6.11.2014 (revision date 9.03.2014) Table of Contents Your Facilitator(s) 1 Overview / Why are we Here?

More information

FLSA and IWC Compliance: Exempt vs. Non-Exempt Classification Audit **CALIFORNIA**

FLSA and IWC Compliance: Exempt vs. Non-Exempt Classification Audit **CALIFORNIA** FLSA and IWC Compliance: Exempt vs. Non-Exempt Classification Audit **CALIFORNIA** California s Industrial Welfare Commission (IWC) sets the rules for exempt status by way of Wage Orders applicable to

More information

Decision-Making on Exempt/Non-Exempt Status. A Resource for Department/Office Heads and Other Managers

Decision-Making on Exempt/Non-Exempt Status. A Resource for Department/Office Heads and Other Managers Human Resources Decision-Making on Exempt/Non-Exempt Status A Resource for Department/Office Heads and Other Managers If you have any questions about these materials, please contact Human Resources DECISION-MAKING

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

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

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

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

Executive Exemption Current Long Test Current Short Test Proposed Standard Test Salary $155/week $250/week $425/week Duties Employee s primary duty is

Executive Exemption Current Long Test Current Short Test Proposed Standard Test Salary $155/week $250/week $425/week Duties Employee s primary duty is Executive Exemption Salary $155/week $250/week $425/week Duties duty is managing his/her enterprise or a regular department thereof; Employee regularly directs two or more other employees; Employee manages

More information

U.S. Department of Labor Announces New FairPay Rules

U.S. Department of Labor Announces New FairPay Rules April 30, 2004 U.S. Department of Labor Announces New FairPay Rules The Fair Labor Standards Act of 1938 (FLSA) requires that employers pay certain employees overtime pay, at time and one-half the regular

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

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

Practical Advice for Classifying Employees. Presented by. Sandy Rappaport Mike Moye

Practical Advice for Classifying Employees. Presented by. Sandy Rappaport Mike Moye Practical Advice for Classifying Employees Presented by Sandy Rappaport Mike Moye 106 Classifying Employees General General Presumption Federal Law Fair Labor Standards Act California Law Wage Orders Labor

More information

FYI WAGE AND HOUR. Exemptions - Duties Test

FYI WAGE AND HOUR. Exemptions - Duties Test FYI 1799 Pennsylvania Street P.O. Box 539 Denver, Colorado 80201.0539 303.839.5177 800.884.1328 www.msec.org Revised: July 2011 WAGE AND HOUR Exemptions - Duties Test Summary: The Fair Labor Standards

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

December 7, 2010. Request for Opinion Overtime RO-10-0110. Dear Ms. :

December 7, 2010. Request for Opinion Overtime RO-10-0110. Dear Ms. : New York State Department of Labor David A. Paterson, Governor Colleen C. Gardner, Commissioner December 7, 2010 Re: Request for Opinion Overtime RO-10-0110 Dear Ms. : I have been asked to respond to your

More information

GUIDELINES TO DETERMINE FLSA STATUS

GUIDELINES TO DETERMINE FLSA STATUS GUIDELINES TO DETERMINE FLSA STATUS State of Hawaii Department of Human Resources Development Employee Classification & Compensation Division October 2013 State of Hawaii Department of Human Resources

More information

Workers Compensation Issues/independent contractors and misclassification

Workers Compensation Issues/independent contractors and misclassification Workers Compensation Issues/independent contractors and misclassification Most jobs are governed by the FLSA. Some are not. Some jobs are excluded from FLSA coverage by statute. Other jobs, while governed

More information

FLSA/Wage & Hour Basics

FLSA/Wage & Hour Basics FLSA/Wage & Hour Basics James P. Wilkins, Esq. OSBA Certified Specialist in Labor & Employment Law Kastner Westman & Wilkins, LLC 3480 West Market Street, Suite 300 Akron, OH 44333 330.867.9998 jwilkins@kwwlaborlaw.com

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

Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft

Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft Presented by: Megan Winter mwinter@laborlawyers.com 858-597-9622 Number One Mistake

More information

FLSA OKLAHOMA POLICY GUIDELINES. THE UNITED STATES FAIR LABOR STANDARDS ACT Revised July 2004. State of Oklahoma Office of Personnel Management

FLSA OKLAHOMA POLICY GUIDELINES. THE UNITED STATES FAIR LABOR STANDARDS ACT Revised July 2004. State of Oklahoma Office of Personnel Management OKLAHOMA POLICY GUIDELINES FLSA THE UNITED STATES FAIR LABOR STANDARDS ACT Revised July 2004 State of Oklahoma Office of Personnel Management Oscar B. Jackson, Jr., Administrator and Cabinet Secretary

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

Following is a restatement of the primary duties of the six paralegals you describe:

Following is a restatement of the primary duties of the six paralegals you describe: December 16, 2005 FLSA2005-54 Dear Name* : This is in response to your request for a formal opinion on the application of Section 13(a)(1) of the Fair Labor Standards Act (FLSA) to several paralegals employed

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

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

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

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

The most significant changes in the federal regulations include the following:

The most significant changes in the federal regulations include the following: The New Federal Overtime Exemptions 1 Employment Roundtable By Stacey Mark Chair, Labor & Employment Group and Chair, Sustainable Practice Advisory Group June 17, 2004 On April 23, 2004, the U.S. Department

More information

FLSA WHITE-COLLAR REGULATIONS

FLSA WHITE-COLLAR REGULATIONS FLSA WHITE-COLLAR REGULATIONS May 2004 www.morganlewis.com Philadelphia Washington New York Los Angeles San Francisco Miami Pittsburgh Princeton Chicago Palo Alto Harrisburg Irvine Boston London Tokyo

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

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

A Wage and Hour Primer for Small Business Owners:

A Wage and Hour Primer for Small Business Owners: WHITE PAPER A Wage and Hour Primer for Small Business Owners: Avoid Common Pitfalls of Employee Classification What makes someone an employee and not an independent contractor? Well-intentioned small business

More information

Being a Paralegal in California: Who Qualifies, and Can A Paralegal Be Exempt From Overtime Under the Learned Professionals Exemption?

Being a Paralegal in California: Who Qualifies, and Can A Paralegal Be Exempt From Overtime Under the Learned Professionals Exemption? Being a Paralegal in California: Who Qualifies, and Can A Paralegal Be Exempt From Overtime Under the Learned Professionals James L. Morris Partner, Employment and Labor Kathy Miller, CP, CAS Employment

More information

FLSA EXEMPTIONS FLOW CHART

FLSA EXEMPTIONS FLOW CHART FLSA EXEMPTIONS FLOW CHART This flow chart serves as a basic outline for an initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools for

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

Chapter 22. EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER, AND OUTSIDE SALES EXEMPTIONS FLSA 13(a)(1) (29 U.S.C. 213(a)(1)) Table of Contents

Chapter 22. EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER, AND OUTSIDE SALES EXEMPTIONS FLSA 13(a)(1) (29 U.S.C. 213(a)(1)) Table of Contents Rev. 661 FIELD OPERATIONS HANDBOOK 11/29/2010 Chapter 22 EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER, AND OUTSIDE SALES EXEMPTIONS FLSA 13(1) (29 U.S.C. 213(1)) Table of Contents 22a GENERAL CONSIDERATIONS

More information

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

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

PROPOSED OVERTIME EXEMPTION REGULATIONS

PROPOSED OVERTIME EXEMPTION REGULATIONS PROPOSED OVERTIME EXEMPTION REGULATIONS PART 541--DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES Subpart A--General Regulations

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

Alert. Client PROSKAUER ROSE LLP. DOL s Fair Pay Overtime Rules Alter The White Collar Exemption Regulations

Alert. Client PROSKAUER ROSE LLP. DOL s Fair Pay Overtime Rules Alter The White Collar Exemption Regulations PROSKAUER ROSE LLP Client Alert DOL s Fair Pay Overtime Rules Alter The White Collar Exemption Regulations On April 23, 2004, the United States Department of Labor ( DOL ) published long-awaited final

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

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

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

New Jersey Adopts Federal Regulations Regarding White Collar Overtime Exemptions

New Jersey Adopts Federal Regulations Regarding White Collar Overtime Exemptions Overview On September 6, 2011, the New Jersey Department of Labor and Workforce Development ( NJDOL ) repealed the existing state regulations regarding white collar overtime exemptions (the administrative,

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

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

Educational Purposes Only - 1

Educational Purposes Only - 1 Educational Purposes Only - 1 In this Guide About this Guide 2 Fair Labor Laws and Policy at UAB 3 Nonexempt and Exempt Status 4 Managing Nonexempt and Exempt Employees _ 5 Paid Time 5 Recordkeeping 6

More information

THE FLORIDA POLYTECHNIC UNIVERSITY BOARD OF TRUSTEES FLORIDA BOARD OF GOVERNORS NOTICE OF PROPOSED REGULATION

THE FLORIDA POLYTECHNIC UNIVERSITY BOARD OF TRUSTEES FLORIDA BOARD OF GOVERNORS NOTICE OF PROPOSED REGULATION THE FLORIDA POLYTECHNIC UNIVERSITY BOARD OF TRUSTEES FLORIDA BOARD OF GOVERNORS NOTICE OF PROPOSED REGULATION REGULATION TITLE: Hours of Work, Benefits and Leave Requirements. REGULATION NO.: FPU-6.003

More information

Wisconsin Human Resources Handbook

Wisconsin Human Resources Handbook Chapter 520 Administration of the Federal Fair Labor Standards Act and Wisconsin Statutes Pertaining to Hours Worked and Overtime Provisions For State Classified Employees and Certain Unclassified Employees

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

FLSA WHITE COLLAR EXEMPTIONS

FLSA WHITE COLLAR EXEMPTIONS FLSA WHITE COLLAR EXEMPTIONS Presented by William S. Myers Eckert Seamans Cherin & Mellott, LLC Human Resources Forum May 8 & 16, 2014 FLSA White Collar Exemptions Where They ve Been, Where They re Going

More information

FAIR LABOR STANDARDS ACT

FAIR LABOR STANDARDS ACT West Virginia Division of Personnel INTERPRETIVE BULLETIN INTERPRETIVE BULLETIN DISCLAIMER: This interpretive bulletin shall not be interpreted or construed to supersede any applicable federal, State,

More information

Are You My Employee?

Are You My Employee? Are You My Employee? Proper Classification of Exempt Employees and Independent Contractors Elizabeth Wells Skaggs and Richard A. Hooker January 19, 2012 Important Notice: This presentation has been prepared

More information

FLSA. Exemptions & Recordkeeping. Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters

FLSA. Exemptions & Recordkeeping. Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters FLSA Exemptions & Recordkeeping Representing employers nationally in labor, employment, civil rights, employee benefits, and immigration matters www.laborlawyers.com FLSA EXEMPTIONS & RECORDKEEPING T

More information

Fair Labor Standards Act Decision Under section 4(f) of title 29, United States Code

Fair Labor Standards Act Decision Under section 4(f) of title 29, United States Code U.S. Office of Personnel Management Office of Merit Systems Oversight and Effectiveness Classification Appeal and FLSA Programs San Francisco Oversight Division 120 Howard Street, Room 760 San Francisco,

More information

Legal Issues Surrounding Internships

Legal Issues Surrounding Internships Legal Issues Surrounding Internships What are the legal issues surrounding internships? by Rochelle Kaplan Career services and college relations professionals often raise questions about an intern s employment

More information

Overview of the Program

Overview of the Program Wage and Hour Employment Law Update Presented by: Jack Lord (407.244.3246, jlord@foley.com) Christi Adams (407.244.3235, cadams@foley.com) Overview of the Program Historical Perspective Recent FLSA Regulations

More information

Plaintiff s Lawyers Bullish On Merrill Lynch: Brokerage Firm Agrees To Pay $37 Million To Settle Overtime Claims By Stockbroker

Plaintiff s Lawyers Bullish On Merrill Lynch: Brokerage Firm Agrees To Pay $37 Million To Settle Overtime Claims By Stockbroker AUGUST 26, 2005 Plaintiff s Lawyers Bullish On Merrill Lynch: Brokerage Firm Agrees To Pay $37 Million To Settle Overtime Claims By Stockbroker By Dale A. Hudson In a settlement that may well be a harbinger

More information

FLSA Exemption Regulations: Understanding the Issues

FLSA Exemption Regulations: Understanding the Issues SPECIAL REPORT FLSA Exemption Regulations: Understanding the Issues Robin Thomas, J.D. Managing Editor, HR Matters Personnel Policy Service, Inc. 159 St. Matthews Avenue Suite 5 Louisville, KY 40207 Ph:

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

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