1 NYSAIS April 20, 2011 Presented by Mark E. Brossman Scott A. Gold Adam J. Rivera Schulte Roth & Zabel LLP
2 Governing Law Fair Labor Standards Act ( FLSA ) Federal wage and hour law that requires employers to pay employees overtime (generally time and one-half the regular rate of pay) for hours worked over 40 hours in a work week. The FLSA also requires employers to pay employees at least minimum wage and to keep detailed records of employees working hours. New York Labor Law (the Labor Law ) Broad worker protection laws, including overtime and minimum wage provisions.
3 Basic Tests for Exemption to Apply Salary Level, Salary Basis, and Duties Tests Salary Level Federal: $455 per week New York: $ per week* Salary Basis Employee receives a predetermined amount each pay period. Cannot be reduced because of variations in quality or quantity of work. Paid full salary for any week in which any work is performed. *$900 per week for certain provisions of the Labor Law
4 Deductions to Salary Can Jeopardize Exemption Improper deductions from an employee s predetermined wage have the potential to destroy an employee s exemption from receiving overtime. The FLSA s regulations provide, however, that employers may make pay deductions for suspensions of one or more full days for violations of the employer s workplace conduct rules, such as violations of the employer s sexual harassment policy. In addition, the regulations create a safe harbor for improper deductions. If the employer has a written policy regarding improper deductions, including a complaint mechanism, notifies the employees of the policy, and reimburses employees for improper deductions, the exemption will not be lost unless the employer repeatedly and willfully violates the overtime rules.
5 Duties Test Categories: Executive The employee s primary duty must be management of the enterprise, or a recognized department or subdivision thereof. In addition, the employee must (1) customarily and regularly direct the work of two or more employees, and (2) possess the authority to hire or fire other employees, or have his/her recommendations on employment status decisions given particular weight. Professional The employee s primary duty must require advanced knowledge in a field of science or learning customarily acquired in a prolonged course of specialized intellectual instruction (unless the employee meets the standard of a creative professional, such as an artist).
6 Duties Test Administrative The employee s primary duty must (1) be performing office or non-manual work directly related to the management or general business operations of either the employer or its customers, and (2) include the exercise of discretion and independent judgment with respect to matters of significance. Highly Compensated The employee must be guaranteed $100,000 in total annual compensation (including non-discretionary bonuses, but excluding payments for insurance or contributions to retirement plans) and perform any one rather than all of the standard duties that are required for classification as an exempt executive, administrative or professional employee. Thus, a highly compensated employee will be exempt, for example, if he or she customarily and regularly directs the work of two or more employees or customarily and regularly performs office work directly related to business operations.
7 Educational Establishment Rules The federal regulations provide specific rules and examples for two types of employees of an educational establishment who are eligible for exemption from the overtime laws. An educational establishment is defined as an elementary or secondary school, an institution of higher education or other educational establishment. The regulations make no distinction between public or private schools, or between those that are operated for profit or not-for-profit. Whether nursery or kindergarten programs are covered depends on the scope of State laws. Other educational establishments can include classes for disabled or gifted children. Whether post-secondary programs qualify as other educational establishments depends on whether the programs are licensed by the State or accredited by a nationally recognized career school accrediting organization.
8 Educational Establishment Rules Academic Administrative Employees To qualify for this administrative exemption, the employee must receive a minimum of either (i) $455 per week ($ in NY), excluding board, lodging or other facilities, or (ii) a salary at least equal to the entrance salary for teachers where s/he is employed. His/her primary duty must be performing administrative functions directly related to academic instruction or training in an educational establishment (or department or subdivision thereof). The regulations provide the following examples of such employees: Head of a school (i.e., headmaster), and any assistants, responsible for administration of such matters as curriculum... and other aspects of the teaching program. Department heads in institutions of higher education (i.e., Dean of the Mathematics Department). Academic counselors. Specifically excluded are jobs relating to such things as building management, health of students, psychologists, and lunch room managers -- although such jobs may be exempt under different tests.
9 Educational Establishment Rules Teachers Most significantly, the regulations provide that the salary level ($455 per week minimum; $ in NY) and the salary basis tests, generally applicable to all other exemptions, are inapplicable to teachers because they are recognized as professionals. The professional employee exemption includes a teacher employed by an educational establishment with a primary duty of teaching, tutoring, instructing or lecturing in an activity of imparting knowledge. The regulations provide the following examples of such exempt professionals: Regular academic teachers Teachers of kindergarten or nursery pupils Teachers of gifted or disabled children Teachers of skilled and semiskilled trades Teachers engaged in automobile driving instruction Home economics teachers Vocal or instrumental music instructors
10 Educational Establishment Rules The regulations specifically provide that faculty members who are engaged as teachers but also spend a considerable amount of their time in extracurricular activities such as coaching athletic teams or acting as moderators or advisors in such areas as drama are engaged in teaching. DOL Opinion Letters also have held that coaches are eligible for the exemption for teachers if the coaches are primarily engaged in the instruction of student athletes. No State-issued teacher s certificate is required for this exemption to apply. The regulations, however, note that teachers who possess a teaching certificate qualify for the exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency or unlimited) used by the State to refer to different kinds of certificates.
11 Penalties Potential for class or collective action suits. If a successful claim is brought against an employer for violating the FLSA s requirements, penalties that may be awarded to the plaintiff(s) include: (i) back pay (i.e., for unpaid overtime); (ii) liquidated damages in an amount equal to the back pay liability; (iii) attorneys fees and costs; and (iv) interest. In addition, the Secretary of Labor may obtain injunctive relief to require the employer to change its overtime practices. Generally, the statute of limitations for a claim under the FLSA is two years; thus, a successful plaintiff may only recover up to two years of back pay. When an employer s violation of the FLSA is deemed willful, however, the statute of limitations is three years. A willful violation exists when the employer knew or recklessly disregarded the fact that its conduct violated the FLSA.
12 Penalties Note that it is the employer s burden to disprove a plaintiff s claimed hours worked in the absence of records which the employer is required to keep for all non-exempt employees, and New York courts have held that a failure to keep the records required by the Department of Labor regulations for non-exempt employees may permit a finding of willfulness. A plaintiff who brings a wage and hour claim under New York law (i.e., in addition to a federal FLSA claim), receives the benefit of a six-year statute of limitations and the ability to recover six years of back pay.
13 Wage Deductions Improper deductions from pay of an exempt employee can result in loss of the exemption, thereby entitling an employer s executive, professional, administrative, and other exempt-eligible employees to overtime pay. As discussed above, the FLSA has a safe harbor to allow employers to correct inadvertent deductions and maintain applicable exemptions. The FLSA does not allow uniforms or other items which are considered to be primarily for the benefit or convenience of the employer, to be included as wages. Thus, an employer may not take credit for such items in meeting its obligation toward paying minimum wage or overtime. If an employer requires the employer to bear the cost, it may not reduce the employee s wages below the minimum wage or reduce overtime pay. The New York State Department of Labor has taken the position that most deductions from pay are unlawful under the Labor Law. Under this interpretation of the law, many deductions that employers take from an employee s wages, such as deductions for overpayments, repayment of loans, salary advances and costs for an employee s personal use of the employer s property (e.g., phones, copiers, cafeteria purchases, etc.), and other similar deductions should be discontinued.
14 Volunteers & Interns Employees who volunteer after regular work hours for charitable or extracurricular activities sponsored by their non-for-profit employers: Can be considered volunteers, and thus fall outside of the FLSA, if the event the employee is participating in occurs outside the usual workday and they are not performing the kind of work they are paid to regularly perform. An exception under the FLSA exists for trainees/interns. The following six factors must be present: The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; The internship experience is for the benefit of the intern; The intern does not displace regular employees, but works under close supervision of existing staff; The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded; The intern is not necessarily entitled to a job at the conclusion of the internship; and The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
15 Independent Contractors A similar hot button issue is the misclassification of employees as independent contractors. This has also become a major focus of the Internal Revenue Service, as well as state taxation and labor agencies because it deprives workers of benefits such as overtime pay, unemployment compensation, and Social Security benefits, and deprives federal, state and local governments from tax and insurance revenues. There has been a new focus in Congress on pending legislation that would, among other things, penalize employers that misclassify employees as independent contractors. It is difficult to assess an individual's employment status, as there is no universal standard. State and federal agencies often use somewhat different criteria in making a determination.
16 The Wage Theft Prevention Act The Wage and Theft Prevention Act (the Act ) applies to all private sector employers in New York. Notice Requirements The Act substantially increases employer notice requirements. Beginning on April 9, 2011, employers will be required to notify employees in writing at the time of their hire, and by February 1st of each subsequent year of employment, of the employee s (1) regular and overtime rates of pay; (2) basis of pay (whether by hour, shift, day, week, salary, piece, commission, or other); (3) any allowances the employer intends to claim against the minimum wage (i.e., tips, meals, lodging allowances, etc.); (4) the regular pay day; and (5) the employer s name (including doing business as names), main office address or principal place of business, and telephone number.
17 Wage Theft Prevention Act The notice must be provided in both English and the employee s primary designated language. The notice must include an affirmation that the employee accurately identified his or her primary language. Employers must notify employees in writing of any changes to this information at least seven days prior to the time of such changes, unless the changes are reflected on the employee s wage statement. Employers must maintain these notices for a minimum of six years. The Commissioner of the New York State Department of Labor has prepared templates in English, Spanish, Chinese and Korean (available online). Recommended employers use model notices. Increased penalties, including criminal sanctions. New anti-retaliation protections. Public display of violations of the Act.
18 Disclaimer This information and any presentation accompanying it (the Content ) has been prepared by Schulte Roth & Zabel LLP ( SRZ ) for general informational purposes only. It is not intended as and should not be regarded or relied upon as legal advice or opinion, or as a substitute for the advice of counsel. You should not rely on, take any action or fail to take any action based upon the Content. As between SRZ and you, SRZ at all times owns and retains all right, title and interest in and to the Content. You may only use and copy the Content, or portions of the Content, for your personal, noncommercial use, provided that you place all copyright and any other notices applicable to such Content in a form and place that you believe complies with the requirements of the United States' Copyright and all other applicable law. Except as granted in the foregoing limited license with respect to the Content, you may not otherwise use, make available or disclose the Content, or portions of the Content, or mention SRZ in connection with the Content, or portions of the Content, in any review, report, public announcement, transmission, presentation, distribution, republication or other similar communication, whether in whole or in part, without the express prior written consent of SRZ in each instance. This information or your use or reliance upon the Content does not establish a lawyer-client relationship between you and SRZ. If you would like more information or specific advice of matters of interest to you please contact us directly Schulte Roth & Zabel LLP. All Rights Reserved.
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
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
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
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
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
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
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
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
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
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
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
March 2011 New York s New Wage Theft Law: What It Means, and What To Do Now BY ALLAN S. BLOOM & REBECCA E. RAISER The New York Wage Theft Prevention Act (the WTPA ) takes effect on April 9, 2011. The new
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. firstname.lastname@example.org email@example.com
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
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
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 firstname.lastname@example.org
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. (
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,
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
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
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
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.
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 email@example.com firstname.lastname@example.org
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
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.
Wage Theft Prevention Act Frequently Asked Questions (FAQ) The Wage Theft Prevention Act, which goes into effect April 9, 2011, amends the notice of wage rate requirements and expands the civil and criminal
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
Wage Theft Prevention Act Frequently Asked Questions (FAQ) The Wage Theft Prevention Act, which goes into effect April 9, 2011, amends the notice of wage rate requirements and expands the civil and criminal
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
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
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
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,
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
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
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
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
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
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
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,
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 email@example.com June 18,
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
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
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,
Contingent Workers & Independent Contractors: Avoiding Misclassification Pitfalls Presented by David Long-Daniels Greenberg Traurig, LLP Why are we here? Guidelines for making a determination as to whether
BS&K Developments and Trends in New York Employment Law HR Legislative Conference April 12, 2011 John M. Bagyi, Esq., SPHR Bond, Schoeneck & King, PLLC Attorneys At Law Since 1897 111 Washington Avenue
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) R. Andrew Ketner and Stephen Baker, ) individually and on behalf of all other ) COMPLAINT similarly situated individuals,
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
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
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
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.
HOW IN-HOUSE COUNSEL CAN PREVENT SEXUAL HARASSMENT AND WAGE HOUR ISSUES FROM DAMAGING THE WORKPLACE Presented by: Robert Rosenthal, Esq. 3800 Howard Hughes Pkwy, Ste. 1400 Las Vegas, NV 89169 702.257-1483
Frequently Asked Questions about the Fair Labor Standards Act (FLSA) FLSA Questions and Answers Q. What is the FLSA? A. The FLSA is the most general federal labor law. It contains the minimum wage provisions,
News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act Andy Volin 303.299.8268 firstname.lastname@example.org Two Areas: Federal & State Federal Fair Labor Standards Act (FLSA) Establishes
A Solution for the Payroll Headache: Employee vs. Independent Contractor? Presented by: Melanie Olson Consultant, HR to Go HR to Go 1730 I Street, Ste 240 Sacramento, Ca 95811 Phone: 916.444.6200 www.hrtogo.com
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
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
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
Case 1:13-cv-02282-RWS Document 1 Filed 07/09/13 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DE ANGELO BENTLEY, ) MARQUES ROBERTSON, ) IKEYMA MCKENTRY, ) individually,
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
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
SNURE LAW OFFICE, PSC A Professional Services Corporation Clark B. Snure Retired Of counsel Thomas G. Burke Joseph F. Quinn Brian K. Snure email@example.com MEMORANDUM To: Washington Fire Protection Districts
At-will employment is a fundamental principal of US employment: Most US employees are employed at-will meaning that an employee can leave his or her employment at any time without notice, for any reason
FEDERAL REQUIREMENTS AFFECTING NEW JERSEY SCHOOL NEGOTIATIONS Although public sector labor relations is structured and controlled by state laws, there are a number of federal requirements that may impact
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
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAROL PARKER, on behalf of herself and all others similarly situated, v. Plaintiff, PARADE ENTERPRISES, LLC, No. 3:14-CV-08084-MAS-DEA AMENDED COMPLAINT
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
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
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,
Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft Presented by: Megan Winter firstname.lastname@example.org 858-597-9622 Number One Mistake
GUIDELINES FOR DETERMINING EMPLOYEE OR INDEPENDENT CONTRACTOR RELATIONSHIPS Under University policy, contracts will generally only be entered into with independent contractors (IC). Independent contractors
WHO IS YOUR EMPLOYEE? INDEPENDENT CONTRACTORS, INTERNS, AND JOINT EMPLOYERS AFTER MCDONALD S Presented by: Wesley C. Redmond, Esq. Baker Donelson Bearman Caldwell & Berkowitz, PC email@example.com
Wage and Hour Employment Law Update Presented by: Jack Lord (407.244.3246, firstname.lastname@example.org) Christi Adams (407.244.3235, email@example.com) Overview of the Program Historical Perspective Recent FLSA Regulations
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
PAYMENT OF COACHES & ATHLETIC TRAINERS UNDER FEDERAL LAW On May 18, 2016, the U.S. Department of Labor ( DOL ) announced its Final Rule revising the white-collar exemptions from the Fair Labor Standards
In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds agree as follows: I. INSURING
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:
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
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
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
Recover Your Unpaid Wages With the California Labor Commissioner s Office The Labor Commissioner s Office, also called the Division of Labor Standards Enforcement (DLSE), is a part of the California Department
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,
District Court, Denver County, Colorado 1437 Bannock Street Denver, Colorado 80202 GUILLERMO ARTEAGA-GOMEZ, Individually and on behalf of all others similarly situated, DATE FILED: January 22, 2015 6:02
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