Workshop. Michelle Jacobsen, Esq. SPHR

Transcription

1 CLA- Wage and Hour Workshop Michelle Jacobsen, Esq. SPHR

2 Overview of the FLSA Fair Labor Standards Act (FLSA) Enacted in 1938 Originally intended as a job stimulus Commonly known as the wage and hour law Regulates minimum wage, overtime pay, equal pay, record keeping and child labor standards for employers

3 Coverage under FLSA Covered if employer has 2 or more employees or is engaged in interstate commerce Publicly elected officials and their personal staff and advisers are not covered Independent contractors are not covered*

4 General FLSA provisions Employees must be paid minimum wage for hours worked up to 40 in a workweek Employees must be paid 1 ½ times their regular wage rate for all hours worked over 40 in a workweek Many exceptions to these general rules

5 Record Keeping Requirements Retention Requirement 2 years: employment and earning records, wage rates, records of additions/deductions i d i to wages 3 years: payroll records, collective bargaining agreements, individual contracts Employer s duty to record (not employee) Employees cannot waive their FLSA rights Posters

6 Exemptions under FLSA Exempt employees are covered by FLSA, just exempt from certain portions of the Act Common White Collar Exemptions Executive Administrative Professional Outside Sales Highly Compensated

7 White Collar Exemptions Must meet 3 requirements 1. Paid at least $455 per week 2. Paid on a salary basis 3. Employee performs exempt duties

8 Additional exemptions Certain agricultural workers Buyers of agricultural products Farm implement salespeople Fruit & vegetable transportation employees ees Livestock auction workers Sugar processing employees Youth employed by their parents

9 Definition of Agriculture Agriculture includes: farming (in all its branches) the cultivation and tillage of soil di dairying i the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities the raising of livestock, bees, fur-bearing animals, or poultry, any practices performed by a farmer or on a farm incidental to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market Employees in these fields are exempt from overtime requirements but must receive minimum wage

10 Production of Livestock To be engaged in the production of livestock, employee must be actively taking care of the animals or standing by in readiness for that purpose. Such activities as herding, transporting, feeding, watering, branding, tagging, or otherwise assisting in the raising of livestock and in such immediately incidental duties as inspecting and repairing fences, wells, and windmills would be considered as the production of livestock. On the other hand, such work as terracing, reseeding, haying, and constructing dams, wells, and irrigation ditches would not be considered as the production of livestock.

11 Agriculture Exemptions Any employer in agriculture who did not utilize more than 500 "man days" of agricultural labor in any calendar quarter of fthe preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. A "man day" is defined as any day during which an y y y g employee performs agricultural work for at least one hour.

12 Agricultural Exemptions Exempt from minimum wage and overtime: Agricultural employees who are immediate family members of employer including parents, spouse, children, step-children, foster children, step-parents and foster parents. Other relatives, even when living permanently in the same household as the employer, will not be considered to be part of the immediate family. Employees principally i engaged on the range in the production of livestock. Range is defined as land that is not cultivated.

13 Agricultural exemptions cont. Exempt from minimum wage and overtime: Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.

14 Assessing Exemption Status Exemption depends on type of work performed by the employee and on where the work is done. A determination of whether an employee is exempt requires examination of the employee's duties and where they are performed. Some employees of the employer may be exempt while others may not.

15 Common problem Agricultural employers who use farm labor contractor services are almost always joint employers with the contractor. t Joint employment means both contractor and farmer are responsible for complying with the minimum wage, overtime, recordkeeping and youth employment provisions. If either party fails to comply with the law, both may be held liable.

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17 Child Labor Laws

18 DOL Audits

19 Colorado Wage & Hour Laws Pay periods can be no more than a calendar month or 30 days, whichever greater. Paydays must occur no lt later than 10days after the close of each pay period. Must post conspicuous notice of regular paydays and place of payment Final paychecks pycecs Employee quits: next payday Employee discharged: immediately*

20 Colorado Wage & Hour Laws Monthly, or upon payment of wages, employer must furnish to employee an itemized i pay statement t t in writing showing: Gross and net wages All withholdings and deductionsd Inclusive dates of the pay period Name of the employee or SS# Name and address of the employer