FLSA EXEMPTIONS FLOW CHART

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "FLSA EXEMPTIONS FLOW CHART"

Transcription

1 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 this analysis. It may be appropriate for new positions which are borderline exempt to have legal counsel review the analysis and exemption decisions. The three-step process is explained in greater detail on the following pages. STEP 1: SALARY BASIS TEST STEP 2: EXEMPTION APPLICABILITY STEP 3: JOB ANALYSIS Is the employee paid at least $455 per week ($23,660 per annum), not subject to reduction due to variations in quantity/quality of work performed? YES Does the Employee perform any of the following types of jobs? Executive management is the employee s primary duty YES A thorough analysis of the job duties must be performed to determine exempt status. An exempt position must pass both the salary basis and the duties tests. The computer professional exemption has a salary basis test of $455 per week or $27.63 per hour. The outside sales exemption is not subject to the salary basis test. Administrative employee performing nonmanual office work Professional/Creative employee whose work requires highly advanced knowledge/education; creative and artistic professional Computer Professional employee involved in design or application of computers and related systems Outside Sales employee making sales or taking orders which influence sales outside of the employer s premises NO NO Employee is Non-Exempt Employee is Non-Exempt Page 1

2 FLSA EXEMPTIONS FLOW CHART Step 1: Apply the salary basis test If the employee is paid at least $455 per week ($23, 660 per annum) that is not subject to reduction due to variations in quantity/quality of work performed, continue to Step 2. Please note that the salary basis test for computer professionals is $455 per week or $27.63 per hour. The outside sales exemption is not subject to the salary basis test. Step 2: Determine which exemption applies Executive Employee whose primary duty is to manage the business or a recognized department/entity and who customarily directs the work of two or more employees. Also includes individuals who hire, fire or make recommendations that carry particular weight regarding employment status. Examples: executive, director, owner, manager, supervisor. Administrative Employee whose primary activities are performing office work or non-manual work on matters of significance relating to the management or business operations of the firm or its customers and which require the exercise of discretion and independent judgment. Examples: analyst, accountant. Professional Creative Employee who primarily performs work requiring advanced knowledge/education and which includes consistent exercise of discretion and independent judgment. The advanced knowledge must be in a field of science or learning acquired in a prolonged course of specialized intellectual instruction. Creative professionals perform work requiring invention, imagination, originality and/or talent in a field of artistic endeavor. Examples: attorney, physician, statistician, architect, biologist, pharmacist, engineer, teacher, author, editor, composer, musician, artist. Computer Professional Employee who primarily performs work as a computer systems analyst, programmer, software engineer or similarly skilled work in the computer field performing a) application of systems analysis techniques and procedures, including consulting with users to determine hardware, software or system functional specifications; or b) 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; or c) design, documentation, testing creation or modification of computer programs based on and related to user or system design specifications; or a combination of the duties described above, the performance of which requires the same level of skills. Examples: system analyst, database analyst, network architect, software engineer, programmer. Outside Sales Employee who performs sales work off the company s premises and whose primary duties include making sales or obtaining order or contracts for services or for the use of facilities for which the client or customer pays. This employee is customarily and regularly away from the company s place of business while performing such duties. Examples: sales representative, account manager, business development representative. Page 2

3 Step 3: Conduct job analysis If the employee passes BOTH the salary test (excluding outside sales) and the preliminary exemption criteria review, then a thorough job analysis of the duties actually performed by each employee becomes the key in determining exempt status. An exempt position must pass both the salary basis and duties test. Job titles are insufficient to determine exempt status. Job analysis should include the following actions: 1. Review minimum qualifications established for the job, including education, on-the-job training and experience. 2. Review prior job descriptions, job questionnaires and related documentation. 3. Confirm with managers that duties and qualifications are accurate. 4. Conduct workflow reviews - a useful tool in ascertaining job functions, processes, job boundaries and organizational operations. Schematics and charts can also prove to be helpful. 5. Gather organizational charts for departments and positions being reviewed. 6. Review policy manuals to determine functional autonomy of positions. 7. Gather prior performance reviews which document duties and responsibilities or respective positions. If little is known regarding the history of a position or it has been inadequately documented, HR should consider conducting a review of the position to bring it up to date. Recommended activities may include direct job duty observation, work function or work breakdown analysis, group or peer review of occupants sharing the classification, job banding/job progression plans and work log analysis and job metrics. Ancillary issues 1. Review state wage/hour laws for those states in which the organization operates to ensure there is no conflict with state laws (available at 2. Capture payroll costs and budgetary needs and evaluate whether costs and budgetary considerations will be best met by raising incumbent salaries to retain exempt status (provided duties test is met), budgeting for overtime costs or hiring additional staff to eliminate the need for overtime. 3. Ensure HRIS systems are updated to accurately reflect employee s exempt/non-exempt classifications. 4. Review and honor collective bargaining agreements, where possible. Exemption Test: An employee must be earning, at least, $23,660 ($455/week) and meet all of the requirements of one of the exemption tests as outlined below to be eligible for exemption under the FLSA. (Employees earning more than $100,000 in total annual compensation are only required to customarily and regularly perform one of the exempt duties of the Executive, Administrative or Professional tests). There is no salary requirement for the Outside Sales exemption. Page 3

4 Exemption Category - Job Duties Test Executive Administrative Professional Computer Professional Outside Sales Learned Creative Primary duty of managing the enterprise or a recognized department of subdivision. - Employees who spend more than 50% of their time performing exempt work will generally satisfy the primary duty requirement. However, the regulations do not required that exempt employees spend more than 50% of time performing exempt work. Primary duty of performing office or non-manual work directly related to the management or general business operations of the employer or the employer s customers. Primary duty of the performance of work requiring advanced knowledge, defined as work, which is predominantly intellectual in character and includes work requiring the consistent exercise of discretion and judgment. Primary duty of the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic endeavor. Employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the following duties: a) application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional applications, Primary duty of making sales (any sale, exchange, contract to sell, consignment for sales, shipment for sale or other disposition including the transfer of title to tangible property, and in certain cases of tangible and valuable evidences of intangible property), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer. Page 4

5 Exemption Category - Job Duties Test Executive Administrative Professional Computer Professional Outside Sales Learned Creative Customarily and regularly directs the work of two or more other employees (or their equivalent) - Customarily and regularly means: * A frequency that must be greater than occasional, but which may be less than constant; * Includes work normally and recurrently performed every workweek; * Does not include isolated or one-time tasks. Has the authority to hire or fire other employees (or whose recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight). Exercises discretion and independent judgment with respect to matters of significance. - Discretion and independent judgment is defined as: * The comparison and evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. Must be exercised with respect to matters of significance, which refers to the level of importance or consequence of the work performed. Decisions and recommendations may be reviewed at a higher level and, upon occasion, revised or reversed. Advanced knowledge must be in a field of science or learning. Advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. b) Design, development, documentation, analysis creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications, c) Design, documentation, testing, creation, or modification of computer programs related to machine operating systems, d) A combination of duties described in a., b., c., the performance of which requires the same level of skills. The employee must be customarily and regularly engaged away from the employer s place or places of business. Page 5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Caryn Pass, Esq., presenter VAIS 2015 BUSINESS OFFICERS INSTITUTE April 9 10, Venable LLP

Caryn Pass, Esq., presenter VAIS 2015 BUSINESS OFFICERS INSTITUTE April 9 10, Venable LLP 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

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

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

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

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

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

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

More information

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

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

Regular Rate vs. Overtime

Regular Rate vs. Overtime Regular Rate vs. Overtime An Attendance on Demand Primer Summary Although commonly referred to as time and a half, the formula for calculating overtime is not that simple. This primer explores overtime

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

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

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

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

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

LABOR AND EMPLOYMENT BULLETIN April 27, 2004

LABOR AND EMPLOYMENT BULLETIN April 27, 2004 ANTITRUST APPELLATE BANKRUPTCY, RESTRUCTURINGS & CREDITORS RIGHTS BUSINESS CASUALTY CIVIL RIGHTS CLASS ACTION COAL AND NATURAL GAS CONDEMNATION, LAND USE AND WATER RIGHTS CONSTRUCTION CONSUMER FINANCIAL

More information

Wage and Hour Issues for the Urgent Care Industry

Wage and Hour Issues for the Urgent Care Industry 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 jbedsole@bakerdonelson.com

More information

STATE OF NEW YORK DEPARTMENT OF LABOR

STATE OF NEW YORK DEPARTMENT OF LABOR STATE OF NEW YORK DEPARTMENT OF LABOR Minimum Wage Order for the Restaurant Industry Part 137 of Title 12 of Official Compilation of Codes, Rules and Regulations Effective July 24, 2009 Promulgated by

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

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

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

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

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

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

Schools and the New Overtime Rules under the FLSA

Schools and the New Overtime Rules under the FLSA Schools and the New Overtime Rules under the FLSA For any non-educator staff who are exempt from the overtime requirements under the white collar exemption, those employees must: Receive a salary of at

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

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

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

Timekeeping and the Law

Timekeeping and the Law Timekeeping and the Law February 7, 2013 www.khlaw.com Washington, DC Brussels San Francisco Shanghai Crystal N. Skelton Michael F. Morrone Manesh K. Rath Keller and Heckman LLP 1001 G Street NW Suite

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

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

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

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

Texas and Federal Wage and Hour Laws

Texas and Federal Wage and Hour Laws Texas and Federal Wage and Hour Laws William T. (Tommy) Simmons Legal Counsel to Commissioner Hope Andrade tommy.simmons@twc.state.tx.us www.twc.state.tx.us/news/efte/tocmain2.html 1-800-832-9394 What

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

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

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

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

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

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

Wage and Hour: Staying on the Right Side of the DOL. Sage HR R&R: Refresh and Recertify Webcast Series

Wage and Hour: Staying on the Right Side of the DOL. Sage HR R&R: Refresh and Recertify Webcast Series 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

More information

University of Cincinnati. Department of Compensation

University of Cincinnati. Department of Compensation University of Cincinnati Frequently Asked Questions 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

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

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

TEXAS BUSINESS CONFERENCE

TEXAS BUSINESS CONFERENCE TEXAS BUSINESS CONFERENCE Update on Recent Trends in Employment Law Michael Holland Holland & Holland, LLC 1250 N. E. Loop 410, Suite 808 San Antonio, Texas 78209 (210) 824-8282 (210) 824-8585 facsimile

More information

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

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

More information

Introduction Job descriptions Job evaluation process Fair Labor Standards Act (FLSA) Internal equity considerations Additional pay process

Introduction Job descriptions Job evaluation process Fair Labor Standards Act (FLSA) Internal equity considerations Additional pay process HR Compensation Briefing October 22, 2009 Agenda Introduction Job descriptions Job evaluation process Fair Labor Standards Act (FLSA) Internal equity considerations Additional pay process 2 1 Compensation

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

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

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

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

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

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

Department or unit: Job activities % of time New duty or change?

Department or unit: Job activities % of time New duty or change? HARVARD HUMAN RESOURCES Position Documentation and Questionnaire Form (PDF/PDQ) This form is being used for the purpose of: Job review/reclassification New position classification Instructions: Please

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

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

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

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 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

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

Making a FLSA Exemption Status Determination: A Work Aid

Making a FLSA Exemption Status Determination: A Work Aid Making a FLSA Exemption Status Determination: A Work Aid An FPMI Solutions, Inc. White Paper Stephen A. Moffett President, FPMI Solutions, Inc. FPMI Solutions, Inc. 1033 N. Fairfax Street Alexandria, VA

More information

Compensation Plan for Exempt and Non-Exempt Staff

Compensation Plan for Exempt and Non-Exempt Staff Compensation Plan for Exempt and Non-Exempt Staff Original Implementation: February 3, 2005 Last Revision: January 28, 2014 Objective: It is the intent of Stephen F. Austin State University to maintain

More information

Employment Law Seminar Department of Labor: Fair Labor Standards Act Update

Employment Law Seminar Department of Labor: Fair Labor Standards Act Update Employment Law Seminar Department of Labor: Fair Labor Standards Act Update 2015 MVP Law Seminars Dallas July 16, 2015 Kansas City August 13, 2015 www.mvplaw.com St. Louis August 27, 2015 WAGE AND HOUR

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

SUMMARY OF IMPORTANT ISSUES UNDER PENNSYLVANIA WAGE AND HOUR LAW

SUMMARY OF IMPORTANT ISSUES UNDER PENNSYLVANIA WAGE AND HOUR LAW 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

More information

The Fair Labor Standards Act The New Federal Overtime Rules

The Fair Labor Standards Act The New Federal Overtime Rules The Fair Labor Standards Act The New Federal Overtime Rules For the first time in decades, the U.S. Department of Labor has significantly changed the rules regarding overtime pay for millions of workers

More information

TEXAS SOUTHERN UNIVERSITY MANUAL OF ADMINISTRATIVE POLICIES AND PROCEDURES. SECTION: Human Resources Number: AREA: Compensation

TEXAS SOUTHERN UNIVERSITY MANUAL OF ADMINISTRATIVE POLICIES AND PROCEDURES. SECTION: Human Resources Number: AREA: Compensation TEXAS SOUTHERN UNIVERSITY MANUAL OF ADMINISTRATIVE POLICIES AND PROCEDURES SECTION: Human Resources Number: 02.02.02 AREA: Compensation SUBJECT: Classification of Staff Jobs I. PURPOSE AND SCOPE This document

More information

Policies of the University of North Texas Health Science Center

Policies of the University of North Texas Health Science Center Policies of the University of North Texas Health Science Center 05.306 Salary Administration Chapter 05 Human Resources Policy Statement. The University of North Texas Health Science Center strives to

More information

Typical Loan Officer Must be Paid Overtime

Typical Loan Officer Must be Paid Overtime Typical Loan Officer Must be Paid Overtime By: Gregory P. Kult* October 11, 2010 Earlier this year, the U.S. Department of Labor ( DOL ) reversed its position on the exempt status of mortgage loan officers

More information

PAYMENT OF COACHES & ATHLETIC TRAINERS UNDER FEDERAL LAW

PAYMENT OF COACHES & ATHLETIC TRAINERS UNDER FEDERAL LAW 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

More information

Hours of Work and Overtime Compensation

Hours of Work and Overtime Compensation Section 4, Page 46 Contents: Minimum Wage Overtime Compensation Exempt Employees Salary Compensation Pay Rate for Compensatory Time Hourly Rate of Pay Non-Overtime Workweeks The Workweek Gap Hours Gap

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

PAYMENT OF COACHES AND ATHLETIC TRAINERS UNDER FEDERAL LAW

PAYMENT OF COACHES AND ATHLETIC TRAINERS UNDER FEDERAL LAW PAYMENT OF COACHES AND ATHLETIC TRAINERS UNDER FEDERAL LAW By Alex Passantino, Seyfarth Shaw LLP On May 18, 2016, the U.S. Department of Labor (DOL) announced its final rule revising the white-collar exemptions

More information

DOL s New Overtime Rules

DOL s New Overtime Rules DOL s New Overtime Rules Wednesday, August 19, 2015 Presented By the IADC Employment Law Committee Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read and follow the below instructions:

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

KING COUNTY LIBRARY SYSTEM Job Description. Grade Number: 17, Non-represented. FLSA Status: Exempt

KING COUNTY LIBRARY SYSTEM Job Description. Grade Number: 17, Non-represented. FLSA Status: Exempt Title: Human Resources Analyst KING COUNTY LIBRARY SYSTEM Job Description Dept.: Human Resources Job Code Number: 10806 Reports to: Director of HR Effective Date: Grade Number: 17, Non-represented FLSA

More information

Staff Position Information Questionnaire (PIQ)

Staff Position Information Questionnaire (PIQ) Staff Position Information Questionnaire (PIQ) A. Instructions The purpose of this questionnaire is to gather information about a position and its duties, responsibilities and educational/experience requirements.

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

FLSA Exemption Changes: The Proposed Rules Are Coming. Squire Patton Boggs Webinar Series

FLSA Exemption Changes: The Proposed Rules Are Coming. Squire Patton Boggs Webinar Series FLSA Exemption Changes: The Proposed Rules Are Coming Squire Patton Boggs Webinar Series Jill S. Kirila, Partner jill.kirila@squirepb.com 614.365.2772 Jeffrey L. Turner, Partner jeff.turner@squirepb.com

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

COMPENSATION AND BENEFITS COMPENSATION PLAN

COMPENSATION AND BENEFITS COMPENSATION PLAN COMPENSATION AND BENEFITS COMPENSATION PLAN DEA The Superintendent shall recommend an annual compensation plan for all District employees. The compensation plan may include wage and salary structures,

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

Administrative Guidelines Employee Compensation Plan Texas Association of School Boards, Inc. All rights reserved.

Administrative Guidelines Employee Compensation Plan Texas Association of School Boards, Inc. All rights reserved. 2015-16 Administrative Guidelines Employee Compensation Plan 2013. Texas Association of School Boards, Inc. All rights reserved. Table of Contents Compensation Policy... 1 Compensation Philosophy and Objectives...

More information

Labor Laws and your Employee Rights

Labor Laws and your Employee Rights Labor Laws and your Employee Rights CDHA Government Relations Council Are you paid for all time worked? Is your salary reduced if there are openings in the patient schedule? Are you being asked to clock

More information

Procedures. I. Non- Exempt Positions

Procedures. I. Non- Exempt Positions Policy Title Wage and Hour Administration Policy Effective Date: 3/15/2011 Policy # 1.3 Functional Area Compensation Revised Date(s) 2/29/2012 Policy Wage and Hour Administration Policy Statement The purpose

More information