1 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
2 Disclaimer The information in this presentation is informational only and does not constitute legal advice. No attorney-client relationship is created or intended through participation in this seminar or through receipt or review of seminar materials. For advice on specific matters, please consult your board attorney or other legal counsel.
3 This presentation is copyrighted by the North Carolina School Boards Association. Unauthorized copying or distribution is prohibited.
4 SCOPE OF FLSA Sets minimum wage. Requires overtime pay for certain employees. Requires equal pay for women. Sets child labor standards.
5 WHO IS COVERED BY THE FLSA? Employees Not all employees are entitled to overtime Not all employees are entitled to minimum wage
6 WHO IS NOT COVERED BY THE FLSA? Elected officials (including school board members) Volunteers Independent contractors Trainees (e.g., student teachers)
8 MUST BE BONA FIDE Individuals who perform Not employed by the school hours of service for a public agency for civic, charitable, humanitarian reasons, without promise, system to perform the same type of services as those for which the employee proposes to volunteer expectation or receipt of compensation for services rendered (other than expenses, reasonable benefits, or nominal fee)
9 PURDHAM V. FAIRFAX CO. SCHOOL BOARD 4 th Circuit case in 2011 Plaintiff worked hours per year as a high school golf coach Regular overtime-eligible job was safety and security assistant, a position not conditioned on his coaching assignment Paid a stipend of $2,114 for coaching, plus reimbursement for mileage
10 I S S U Was plaintiff an employee entitled to overtime wages for his services as the golf coach, or was he a volunteer? E
11 MR. PURDHAM CLAIMED: Entitled to overtime pay, Contract and state law because he is an dictate that he is an employee employee He never considered Too late for Board to himself a volunteer, claim he is not an therefore he is an employee employee Performs the same types of duties in his regular job as in coaching job
12 COURT CONCLUDED: Mr. Purdham is a volunteer Was motivated to coach by love of golf and dedication to student athletes Coaching v. another part-time job was a lifestyle choice Culture of high school athletics for coaches to consider themselves volunteers Board submitted 18 affidavits from other coaches who considered themselves volunteers
13 COURT CONCLUDED (CONT D): Contract and state law are not relevant issue is controlled by FLSA Duties in regular job and coaching job are not same Paid a nominal fee Although the board previously paid overtime, board was just trying to comply with FLSA in uncertain environment Stipend is fixed, rather than based on time, effort, or productivity Stipend is less than minimum wage and salary
14 INDEPENDENT CONTRACTORS Factors to weigh in determining whether someone is an independent contractor: Degree of control exerted over the worker; Worker s opportunity for profit or loss; Worker s investment in his business; Permanence of the working relationship; and Degree of skill required to perform the work.
15 EMPLOYEES EXEMPT V. NONEXEMPT
16 There is a presumption that all employees are covered by the overtime provisions of the FLSA, unless the employer can prove otherwise. Employees who are protected by the overtime provisions are nonexempt employees. Exempt employees high-level or professional employees who fit within one of the exempt categories are not entitled to receive overtime.
17 C A T E G O R I E S Executive Administrative Professional Highly compensated
18 EXECUTIVE EMPLOYEES Must be compensated on a salary of fee basis, with a salary of at least $455 per week or $23,660 per year Must customarily and regularly direct the work of two or more other employees Primary duty must include managing the enterprise or a recognized subdivision Must have the authority to hire, fire, or promote or have their recommendations be given special weight
19 ADMINISTRATIVE EMPLOYEES Must be compensated on a salary of fee basis, with a salary of at least $455 per week or $23,660 per year Primary duty must include: Performing office or non-manual work directly related to management or performing working directly related to academic instruction and training; and The exercise of discretion and independent judgment with respect to significant matters.
20 PROFESSIONAL EMPLOYEES Must be compensated on a salary of fee basis, with a salary of at least $455 per week or $23,660 per year Primary duty must include either: Work requiring special knowledge or study, which is intellectual and includes the constant exercise of discretion and judgment; or Work requiring invention, imagination or talent in a recognized field of artistic endeavor.
21 HIGHLY COMPENSATED EMPLOYEES Total annual compensation must be at least $100,000; Duties must include one or more of the exempt responsibilities of an executive, administrative, or professional employee; and Primary duty must include office or non-manual work.
22 NONEXEMPT EMPLOYEES Every employee who For each hour worked does not fall within in excess of 40 during one of the exempt a week, the employee categories is entitled must be paid time and to the minimum wage a half or provided and overtime compensatory time. provisions of the FLSA.
23 NONEXEMPT EMPLOYEES Note that employees paid to work less than 40 hours per week who work extra time may have a claim for straight time for hours worked in excess of their normal workweek but less than 40 hours. This is in addition to a claim for overtime or compensatory time when the employee works more than 40 hours during a week.
24 MINIMUM WAGE Current minimum wage is $7.25 per hour (both federal and N.C.). The FLSA and N.C. labor laws both allow certain categories of employees to be paid at 85 percent of the minimum wage. This includes full-time students, learners, apprentices and disabled workers.
25 HOURS WORKED The FLSA requires that employees be compensated for all hours actually worked in a workweek, including: Unscheduled hours. All time that a worker is required to be on duty, even if the time is not productive. Work performed at home or off-site (e.g., assistant calling substitute teachers from home before the workday begins)
26 WORKWEEK An employee s workweek consists of all time worked in a defined 24/7 period. By policy or procedure, school districts need to define when the workweek begins and ends for all employees or for all categories of employees. For nonexempt salaried employees, the employment agreement should state the standard workweek (40 hours or less).
27 VOLUNTARY WORK Employees who arrive early or stay late voluntarily must be paid for that time. Employers may not suffer or permit an employee to volunteer to work extra time. An employee may not volunteer to perform their regular duties off the clock without compensation.
28 MEAL PERIODS Off the clock if: The employee is relieved of all duties; The employee is free to leave the duty post; and The meal period is at least 30 minutes, subject to several special exceptions. Note that coffee breaks and rest periods are compensable work time.
29 Not off the clock if the employee performs any work during the meal period.
30 ON-CALL TIME If an employee is required to remain at a workplace or close by, such that the employee cannot effectively use the time for personal reasons while on call, the employee must be paid for that time. If the employee is free to go about his or her normal life but is subject to being called to work, the oncall time is not compensable.
31 TRAINING Time spent at an in-service training is normally compensable time. Training is not compensable if: Attendance takes place outside the employee s regular working hours Attendance is voluntary; The employee performs no productive work during attendance; and The training is not directly related to the employee s job.
32 TRAVEL TIME Travel to and from home is generally not compensable, except when employees are called for an emergency and must travel a substantial distance. Travel from one job site to another during the day generally is compensable, except when the employee goes home first or is otherwise free during the interim.
33 OVERTIME Overtime pay at the rate of 150 percent of the employee s regular rate of pay must be paid for all hours worked in excess of 40 during a given workweek. Regular rate of pay includes all salary, bonuses, and other pay. If an employee has two different pay rates, overtime is based on a weighted average of the two rates. Overtime should be paid as soon as possible usually in the pay period in which it accrues. In lieu of overtime pay, compensatory time may be provided at a rate of one and one-half hours for each hour worked in excess of 40 during a given workweek.
34 COMPENSATORY TIME Public agencies may choose to provide compensatory time in lieu of overtime pay, if they do so pursuant to an agreement or understanding arrived at before the work is performed. Employees may only accrue a maximum of 240 hours of compensatory time. After that, overtime must be paid. Employees must be allowed to use compensatory time on the date requested unless it would unduly disrupt the operations of the agency.
35 COMPENSATORY TIME An employee who has accrued compensatory time must be paid for the time when the employee leaves the school district. The payout must be at the current rate of pay, not the rate of pay when the compensatory time was earned.
36 EQUAL PAY REQUIREMENTS The FLSA requires that women be paid on the same scale as men for similar work. Reasonable pay differences are permitted if they are not gender-related. A seniority system or merit system would provide a reasonable basis for differences in pay.
37 RECORD KEEPING REQUIREMENTS Records must be kept for all employees, including basic information such as name, social security number, and date of birth. Employers must also keep records related to rate of pay and hours worked. There are different record keeping rules for nonexempt employees and exempt employees.
38 NONEXEMPT EMPLOYEE RECORDS Must also include the following information. The employee s workweek; The employee s regular hourly rate of pay; The hours worked by each employee each workday and the total hours worked each week; Total earnings, including a reflection of earnings separated out by regular pay and overtime pay; Deductions from and additions to pay; and Pay period covered and date of employment.
39 EXEMPT EMPLOYEE RECORDS Must also include the following information. Salary and wages, including the amount and date paid; and The basis for classifying the employee as exempt.
40 FLSA VIOLATIONS WHAT SANCTIONS MIGHT BE IMPOSED?
41 May face litigation, brought either by the employee or the Department of Labor, suing on behalf of the employee With a successful lawsuit, the employee could be awarded double the amount of back wages due, plus interest, as well as attorneys fees and costs. The Department of Labor may initiate a full investigation of employer s practices. For repeated or willful violations, employers may be subject to a civil penalty of up to $1,100 per violation.
42 Department of Justice may prosecute persons criminally for willful violations. Possible sanctions are a fine of up to $10,000 and up to six months in prison. Generally, a two-year statute of limitations applies; however, the statute of limitations is three years for willful violations.
43 An employer may not retaliate against an employee for complaining about an alleged violation of the FLSA. This includes complaints made orally or in writing. Katsen v. Saint-Gobin Performance Plastics Corp. (131 S. Ct. 1325). Makes no difference if complaint was filed formally with a court or agency or communicated internally to the employer. Miner v. Bostwick Laboratories, 669 F. 3d th Cir. 2012)
44 12-STEP COMPLIANCE CHECKLIST
45 COMPLIANCE CHECKLIST 1. Classify employees as exempt or nonexempt. 2. Have a board policy on the workweek, overtime and compensatory time. Make sure all employees have access to and understand the policy. 3. Notify nonexempt employees of their expected hours in a workweek. 4. Have a good timesheet or other method of timekeeping. 5. Annually train supervisory staff on FLSA compliance issues.
46 COMPLIANCE CHECKLIST 6. Train nonexempt staff on timesheets and overtime requirements. 7. Decide whether employees will be permitted to volunteer. 8. Have all nonexempt employees annually sign: A statement acknowledging that the employee has received the board s policy on work time, review it and agreed to follow it, and An agreement that the employee will be provided compensatory time for any overtime worked
47 COMPLIANCE CHECKLIST 9. Have supervisory, payroll and finance staff monitor weekly time records. 10. Keep FLSA-required records for nonexempt and exempt employees. 11. Post all required federal and state posters. 12. Consult with your board attorney about FLSA compliance and make sure you work together to address any outstanding issues.
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 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
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
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.
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
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,
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
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
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
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
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
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
I. OVERTIME PAY Under the Fair Labor Standards Act, an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Unless
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
P-61 COUNTY OF ALBEMARLE PERSONNEL POLICY P-61 OVERTIME/COMPENSATORY TIME POLICY I. GENERAL A. Purpose. This policy establishes the general guidelines and procedures Albemarle County will follow regarding
SOUTH CAROLINA BUDGET AND CONTROL BOARD OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS
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
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 firstname.lastname@example.org email@example.com
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
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
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.
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,
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.
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
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
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
Wage and Hour Issues for the Urgent Care Industry Jenna Bedsole Baker Donelson Bearman Caldwell and Berkowitz, PC 420 20 th Street North Suite 1400 Birmingham, AL 35203 205.244.3851 firstname.lastname@example.org
Oklahoma State University Policy and Procedures TIMEKEEPING AND OVERTIME (In Compliance with the Fair Labor Standards Act) 3-0742 ADMINISTRATION & FINANCE JUNE 2015 1.00 PURPOSE 1.01 An integral part of
Wage and Hour: Staying on the Right Side of the DOL Sage HR R&R: Refresh and Recertify Webcast Series Your Presenter for Today Mary Anne Osborne, SPHR The Osborne Group Over 25 years of HR experience in
wage & hour laws 101 Overtime Rules, Exempt to Non-Exempt, & More Table of Contents New Overtime Rules Effective December 1, 2016: How to Comply...3 The Department of Labor (DOL) has issued final rules
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
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
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
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
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
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,
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
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
Notice of Collective Action and Opportunity to Join THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ CAREFULLY To: Former Federal Bureau of Investigation ( FBI ) trainees who attended New Agent ( NA ) training
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
08.211 COMPENSATORY TIME (OVERTIME) Authority: History: Source of Authority: Related Links: Chancellor Revised November 2012,Revised December 1, 2009; Revised and reformatted, January 1, 2007; Supersedes
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
Oklahoma State University Policy and Procedures ATTENDANCE AND LEAVE FOR STAFF 3-0713 ADMINISTRATION and FINANCE June 2008 PURPOSE 1.01 An integral part of the staff program for the University is a uniform
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
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
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
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
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
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
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
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,
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
Exempt? Nonexempt? Stipends or not? How to Successfully Navigate Wage and Hour Laws that Apply to Independent Schools (and hopefully survive a DOL audit while doing so) Caryn Pass, Esq., presenter VAIS
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
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
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,
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
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
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
LEANDER INDEPENDENT SCHOOL DISTRICT Bret Champion, Ed.D. Superintendent Administrative Guidelines: Overtime/Compensatory Procedures for Nonexempt Employees Submitted by: Finance Dept. and Human Resources
STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES EMPLOYMENT STANDARDS TITLE: OVERTIME NUMBER: ES.A.8.1 REPLACES: ES-013 CHAPTER: RCW 49.46.130 ISSUED: 1/2/2002 WAC 296-126 and WAC 296-128 REVISED:
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
SUMMARY OF IMPORTANT ISSUES UNDER PENNSYLVANIA WAGE AND HOUR LAW By Julius Steiner, Esq. This informational guide was distributed as a supplement to the 2011 Labor & Employment Executive Series held in
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
NORTH CAROLINA DEPARTMENT OF LABOR WAGE AND HOUR BUREAU 1101 MAIL SERVICE CENTER RALEIGH, NC 27699-1101 919-807-2796 or Toll-free (NC only) 1-800-NC-LABOR Web site: www.nclabor.com Frequently Asked Questions
So You Think You Know About the FLSA? Ten Common Assumptions About the FLSA That Can Land You in Hot Water Pamela A. Reynolds, Brown Rudnick LLP Most employers have at least a general idea of the requirements
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
Director of Administration and Management ADMINISTRATIVE INSTRUCTION NUMBER 28 January 5, 2011 HRD, WHS SUBJECT: Overtime, Prescribed Hours of Duty, and Alternative Work Schedules for Civilian 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
Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft Presented by: Megan Winter email@example.com 858-597-9622 Number One Mistake
Ryan T. Hand Lorance & Thompson, P.C. 2900 N. Loop West Ste. 500 Houston, TX 77092 713.868.5560 firstname.lastname@example.org Agencies to watch US Department of Labor (Fair Labor Standards Act minimum wage and
8.9 SALARY 8.9.1. Salary Schedules The Superintendent, with the assistance of staff, will prepare salary schedules, on an annual basis, containing both horizontal and vertical steps, for the review and
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
News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act Andy Volin 303.299.8268 email@example.com Two Areas: Federal & State Federal Fair Labor Standards Act (FLSA) Establishes
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
INTRODUCTION What would you do if your company received a letter from the United States Department of Labor ( DOL ) stating that an investigator would be at the door in the next few days to talk to the
Title: 4.0 Pay STAFF EMPLOYMENT MANUAL Chapter: 4.02 Hours, Overtime and Pay Practices Issuance Status and Effective Date: March 2013 1. Established Work Week For compliance with the overtime provisions
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
[Major revision posted 2/9/15 (replaces 9/19/12 edition)] Operating Policy and Procedure : Overtime DATE: February 9, 2015 PURPOSE: The purpose of this Operating Policy and Procedure (OP) is to establish