ACCA - San Diego September 4, 2014 Brown Bag Seminar. You Have Exempt Employees But Can You Prove They Are Exempt In Court?
|
|
- Clarence Griffin
- 7 years ago
- Views:
Transcription
1 ACCA - San Diego September 4, 2014 Brown Bag Seminar You Have Exempt Employees But Can You Prove They Are Exempt In Court?
2 Overview: Similarities and Distinctions Between Federal and California Exemption Law Proving Exemptions at Trial Process of Elimination Use of Surveys Job Shadowing Unique Proof Issues In-house Counsel Perspective Best Practices
3 Exemptions: Key Similarities Like the FLSA, California law recognizes three basic white collar exemptions: Executive Administrative Professional Tacking Closely Related Work
4 Key Differences: White Collar Exemptions Salary test: twice the minimum wage Duties test: Employee must be primarily engaged in duties that meet the test (quantitative). Basically means 50.1% Employee must customarily exercise independent judgment and discretion
5 Key Differences: Salary Test Guaranteed salary must be at least 2x minimum wage Effective July 1, 2014, California s minimum wage increased to $9.00 per hour which means the minimum salary needs to be $720 per week, $3,120 per month, or $37,440 per year. Effective January 1, 2016, California s minimum wage increases to $10.00 per hour which means the minimum salary needs to be $800 per week, $3, per month or $41,600 per year. FLSA: must earn a minimum salary of $ per week, or $1, per month for now
6 Key Differences: Primarily Engaged CA law provides a quantitative test (as opposed to federal qualitative test) An employee must spend more than 50% of his/her time on exempt duties Takes into account actual work, plus employer s realistic expectations of the job
7 Key Differences: Primarily Engaged Employees cannot attempt to defeat their exempt status by their own sub-standard performance or refusal to perform the exempt tasks the job requires Ramirez v. Yosemite Water Co., Inc., 20 Cal.4th 785, 802 (1999) ( an employee who is supposed to be engaged in sales activities during most of his working hours and falls below the 50% mark due to his own substandard performance should not thereby be able to evade a valid exemption )
8 Key Differences: Duties Test for Executive Exemption Federal Primary duty is managing the enterprise or department or subdivision thereof Customarily and regularly directs the work of two or more employees Authority to hire/fire California Duties include management of the enterprise or a department or subdivision thereof Customarily and regularly directs the work of two or more employees Authority to hire/fire Primarily engaged in exempt executive duties Customarily and regularly exercises discretion and independent judgment
9 Key Differences: Duties Test for Administrative Exemption Federal Primary duty is performance of office or non-manual work directly related to the management or general business operations Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance California Duties include performance of office or non-manual work directly related to management policies or general business operations Regularly and directly assists the proprietor or exempt employees Performs work under general supervision along specialized or technical lines requiring special training, experience or knowledge Primarily engaged in exempt administrative duties Customarily exercises independent judgment
10 Key Differences: Duties Test for Professional Exemption Federal Learned Professional Primary duty is performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction Creative Professional Primary duty is performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor California Work that is predominately intellectual and varied in character Primarily engaged in the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized instruction or work that is original and creative in character in a recognized field of artistic endeavor Customarily and regularly exercises discretion and independent judgment
11 Proving Exemptions at Trial: Exemption is an affirmative defense Employer bears the burden of proof Proving the employee is primarily engaged in exempt activity is math Ways to Meet Burden Process of Elimination Admissions Job Analysis Surveys Job Shadowing Unique Proof Issues
12 Proving Exemptions at Trial: Process of Elimination Plaintiff only performed non-exempt work under certain conditions which were present less than 50% of the time Plaintiff only performed non-exempt work at the restaurant when she was understaffed and she had to fill in Plaintiff was only understaffed when staffing levels reached 5 guests to 1 employee. Levels were 4 or better the vast majority of the workweek
13 Proving Exemptions at Trial: Admissions at Deposition Task Area Status Plaintiff Customer Service Serving Customers Non-Exempt 30.0% Directing Customer Service and Dining Exempt 20.0% Food Preparation Preparing and Cooking Food Non-Exempt 5.3% Managing Food Preparation and Safety Exempt 9.8% Product and Supplies Stocking and Replenishing Non-Exempt 3.0% Ordering and Receiving Inventory Exempt 2.0% Restaurant Operations Managing Restaurant Performance Exempt 3.5% Planning and Scheduling Work Exempt 3.5% Controlling Cash and Security Exempt 3.0% Employee Relations Training and Coaching Exempt 7.5% Managing Human Resources Exempt 2.5% Restaurant Maintenance Cleaning and Maintaining Restaurant Non-Exempt 7.0% Overseeing Cleaning and Restaurant Maintenance Exempt 3.0% TOTAL EXEMPT TIME 54.8% TOTAL NON-EXEMPT TIME 45.2%
14 Proving Exemptions at Trial: Job Analysis Surveys Task Area Status Avg % Customer Service Serving Customers Non-Exempt 11.8% Directing Customer Service and Dining Exempt 18.9% Food Preparation Preparing and Cooking Food Non-Exempt 3.6% Managing Food Preparation and Safety Exempt 8.2% Product and Supplies Stocking and Replenishing Non-Exempt 3.2% Ordering and Receiving Inventory Exempt 7.0% Restaurant Operations Managing Restaurant Performance Exempt 12.1% Planning and Scheduling Work Exempt 5.8% Controlling Cash and Security Exempt 5.9% Employee Relations Training and Coaching Exempt 8.2% Managing Human Resources Exempt 4.2% Restaurant Maintenance Cleaning and Maintaining Restaurant Non-Exempt 3.9% Overseeing Cleaning and Restaurant Maintenance Exempt 7.3% TOTAL PERCENT EXEMPT 77.6% TOTAL PERCENT NON-EXEMPT 22.4%
15 Proving Exemptions at Trial: Job Shadowing
16 Proving Exemptions at Trial: Job Shadowing Task Start Task End Period Time Sub- Activity Allocated Time 6:03:10 6:03:20 0:00:10 0:00:10 Unlock door. 10 6:03:20 6:12:30 0:09:10 0:09:10 Talk to observer. 0 6:12:30 6:20:00 0:07:30 0:07:30 Check company :20:00 6:22:50 0:02:50 0:02:50 Review notes in ShiftNote from previous 9 shifts. 6:22:50 6:25:40 0:02:50 0:02:40 Review restaurant sales numbers from last night. 9 0:00:10 0:00:10 Concurrent Activity: Create daily sales goals for morning shift today. 9 6:25:40 6:28:40 0:03:00 0:03:00 Prepare transaction report and receipt 9 packet from yesterday to send to corporate. 6:28:40 6:30:20 0:01:40 0:01:40 Take personal break. 0 6:30:20 6:32:10 0:01:50 0:01:50 Check storage room [to see what needs to 4 be prepped]. 6:32:10 6:32:40 0:00:30 0:00:30 Turn on lights in restaurant. 12 6:32:40 6:34:00 0:01:20 0:01:20 Distribute prep list to kitchen stations. 4 Task Task Area
17 Proving Exemptions at Trial: Unique Proof Issues Multi-Tasking Evidence Heyen v. Safeway Previously ER could split multi-tasking time 50/50 exempt non-exempt. Now, if employee is engaged in exempt and nonexempt work at same time, 100% of that time has to be allocated as exempt or nonexempt depending on the primary purpose for which the employee undertook the activity.
18 In House Counsel Perspective: Surveys Costs Compensated time off work Expert fees Potential of educating workforce and creating additional claims Benefits Provides potential defense to existing and future litigation Provides feedback on job duties versus performance Helps with organizational decisions
19 In House Counsel Perspective: Job Shadowing Costs No compensated time off Plaintiffs who know they are being shadowed might try to create evidence Statistically reliable sampling might require shadowing numerous employees Benefits Provides potential defense to existing and future litigation Provides feedback on job duties versus performance Helps with organizational decisions Limited potential of educating workforce and creating additional claims
20 Best Practices: Video? Limited usefulness. Need proof of decisionmaking. Payroll Certifications? Limited usefulness. Administrative nightmare.
21 Best Practices: Effective staffing and scheduling Too much staff on hand is a waste of labor Too little leads to exemption issues Operations Focus Exempt employees must be focused on overall performance of company or unit Performance Focus Exempt employees must ensure everyone does his/her job well Accountability is key
22 Best Practices: Performance Management What you measure is what you ll get Grade performance of exempt tasks Compensation and Incentive Programs What you reward is what you ll get Compensate performance of exempt tasks Work Environment Managers should lead, not be one of the gang
23 Best Practices: Select Qualified Managers or Administrators Training Teach them the position requires exercise of discretion and independent judgment Provide them with the skills to exercise independent judgment and discretion Tools Provide them with the tools to exercise independent judgment and discretion
24 Best Practices: Train the Supervisors of Exempt Employees Micromanaging exempt employees can defeat exempt status Train supervisors that they must allow and encourage exercise of independent judgment discretion by exempt employees
25 ACCA - San Diego September 4, 2014 Brown Bag Seminar QUESTIONS?
FLSA EXEMPTIONS FLOW CHART
FLSA EXEMPTIONS FLOW CHART This flow chart serves as a basic outline for an initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools for
More informationTHREE 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 informationLoan 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 informationDOL 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 informationUnderstanding 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 informationOvertime 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 informationRegular 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 informationFair 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 informationOverview 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 informationStephen 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 informationWHAT 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 informationCommon 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 informationCalifornia 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 informationFYI 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 informationCompensation 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 informationIt 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 informationDecision-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 informationCompensation 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 informationWHO 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 informationCopyright 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 informationFAIR 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 informationClassification 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 informationCommunications 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 informationEMPLOYMENT & 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 informationTHE 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 informationTopic: 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 informationExecutive 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 informationFLSA 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 informationHow 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 informationExempt 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 informationWage & 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 informationGuidance 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 informationFollowing 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 informationFair 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 informationNew 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 informationExempt 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 informationHOT 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 informationPIMA 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 informationTHE 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 informationLABOR 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 informationFLSA 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 informationEXEMPT 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 informationWage 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 informationBeing 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 informationSmall 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 informationFLSA : 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 informationOvertime 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 informationGuidance 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 informationFederal and New York Wage & Hour Laws. NYSAIS April 20, 2011
NYSAIS April 20, 2011 Presented by Mark E. Brossman Scott A. Gold Adam J. Rivera Schulte Roth & Zabel LLP 212.756.2000 Governing Law Fair Labor Standards Act ( FLSA ) Federal wage and hour law that requires
More informationFLSA 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 informationAn 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 informationCLASS SPECIFICATION Human Resources Site Team Manager
City of Portland Job Code: 30000524 CLASS SPECIFICATION Human Resources Site Team Manager FLSA Status: Union Representation: Exempt Nonrepresented GENERAL PURPOSE Under general direction, serves on the
More informationDecember 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 informationPAYMENT 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 informationWhy 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 informationInvestigating Workers Compensation Claims and Complying with Wage and Hour Law
Investigating Workers Compensation Claims and Complying with Wage and Hour Law Noel C. Shepard 614-559-7223 nshepard@fbtlaw.com Adam R. Hanley 614-559-7238 ahanley@fbtlaw.com Investigating Workers Compensation
More informationFREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016
FREQUENTLY ASKED QUESTIONS FLSA CHANGES FOR 2016 1. What is the Fair Labor Standards Act? The Fair Labor Standards Act (FLSA) of 1938 (29 USC 201 et seq.) is the United States federal wage and hour law,
More information4. 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 informationTHE COMPENSATION FUNCTION UP CLOSE QUARTER 1, 2003; VOLUME 3 REVISED: QUARTER 2, 2007
THE COMPENSATION FUNCTION UP CLOSE QUARTER 1, 2003; VOLUME 3 REVISED: QUARTER 2, 2007 The compensation professional s role is one of the most diverse within an organization. It touches all employees; manages
More informationA. 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 informationDepartment of Labor Proposed Overtime Changes: What Do They Mean for Your School?
Department of Labor Proposed Overtime Changes: What Do They Mean for Your School? Debra Wilson General Counsel August 2015 On July 6, 2015, the Department of Labor (DOL) issued proposed regulations with
More informationExecutive 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 informationFLSA 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 informationPractical 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 informationFLSA 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 informationTypical 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 informationU.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 informationA 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 informationJobs That Are Exempt As a Result of the FLSA
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 informationWELCOME 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 informationMarch 2000 CALIFORNIA OVERTIME EXEMPTIONS AFTER AB 60
1 March 2000 CALIFORNIA OVERTIME EXEMPTIONS AFTER AB 60 Lynn K. Thompson Bryan Cave LLP 120 Broadway, Suite 300 Santa Monica, California 90401 (310) 576-2344 lkthompson@bryancavellp.com TABLE OF CONTENTS
More informationNew Developments for California Employees Paid on a Commission Basis:
New Developments for California Employees Paid on a Commission Basis: Avoiding Traps for the Unwary Michael N. Westheimer Ruth L. Seroussi Buchalter Nemer PC Buchalter Nemer PC 55 Second Street, Suite
More informationSTATE OF NEW YORK DEPARTMENT OF LABOR
STATE OF NEW YORK DEPARTMENT OF LABOR Minimum Wage Order for Miscellaneous Industries and Occupations Part 142 of Title 12 of Official Compilation of Codes, Rules and Regulations Effective July 24, 2009
More informationIntroduction 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 informationGuide To Employee Onboarding Programs. How To Engage New Hires From Day One
Guide To Employee Onboarding Programs How To Engage New Hires From Day One The business environment moves fast. It is constantly evolving. New technologies are introduced, processes are optimized, and
More informationWage & 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 informationSUMMARY 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 informationAre 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 informationDoDEA Personnel Center HR Competency Definitions
DoDEA Personnel Center HR Competency Definitions ATTACHMENT 10 Business Management Competencies Business Process Reengineering Applies business process reengineering principles and techniques to reengineer
More informationFair Labor Standards Act (FLSA) Legal Compliance Refresher
Fair Labor Standards Act (FLSA) Legal Compliance Refresher April Underwood, Compensation Consultant Scott Shimoda, Compensation Consultant University Compensation Services Poplars E165 SalaryIU@indiana.edu
More informationCareer Tracks Project
Career Tracks Project 1. What is Career Tracks? Career Tracks is a systemwide job classification structure. Job titles are organized into occupation-specific groupings called families (i.e., Information
More informationQ1: What law regulates the payment of overtime?
Guidance for managing Non-Exempt Staff Q1: What law regulates the payment of overtime? A: The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards
More informationWAGE AND HOUR CLASS ACTIONS
WAGE AND HOUR CLASS ACTIONS The New Wave of Employment Litigation Litigation Statistics FLSA suits have increased by 230% since 1990 and 120% since 2000 FY 2006, 4207 FLSA actions filed in federal courts,
More informationCOLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117 MEMORANDUM Effective Date: 07/06/89 Supersedes: Revision Date: Director's Approval (Date): Under Revision: Document
More informationBB. 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 informationJune 14, 2013 UPDATED IMPORTANT LEGAL CONSIDERATIONS RESTRICTIONS ON UTILIZING EMPLOYMENT CREDIT REPORTS
June 14, 2013 UPDATED IMPORTANT LEGAL CONSIDERATIONS RESTRICTIONS ON UTILIZING EMPLOYMENT CREDIT REPORTS Last year we reported to you that California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont,
More informationBREVARD COUNTY MERIT SYSTEM PROCEDURES PROCEDURE II
BREVARD COUNTY MERIT SYSTEM PROCEDURES PROCEDURE II Title: PAY PLAN I. PURPOSE AND SCOPE To implement the Pay Plan Policy. II. DEFINITIONS AND REFERENCES Merit System Policy II, Pay Plan. III. AMENDMENTS
More informationThe 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 informationADMINISTRATIVE INSTRUCTION
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
More informationCourse Descriptions for the Business Management Program
Course Descriptions for the Business Management Program Upon completion of two quarters, students will earn a Professional Certificate in Business Management with a specialization in a chosen area: HR,
More informationFLSA OKLAHOMA POLICY GUIDELINES. THE UNITED STATES FAIR LABOR STANDARDS ACT Revised July 2004. State of Oklahoma Office of Personnel Management
OKLAHOMA POLICY GUIDELINES FLSA THE UNITED STATES FAIR LABOR STANDARDS ACT Revised July 2004 State of Oklahoma Office of Personnel Management Oscar B. Jackson, Jr., Administrator and Cabinet Secretary
More informationFair Labor Standards Act of 1938 (FLSA) Fair Labor Standards Act (FLSA) Fall ASBO October, 2010. Office of School Finance
Fair Labor Standards Act (FLSA) As it Applies to West Virginia School Districts Presenter Susan Smith Executive Director West Virginia Department of Education http://wvde.state.wv.us What Is The FLSA?
More informationHUMAN RESOURCES ANALYST, GENERALIST, Req. #:PS100516 (Location: San Rafael, CA)
POSITION: CLASS CODE: HUMAN RESOURCES ANALYST, GENERALIST, Req. #:PS100516 (Location: San Rafael, CA) 91148/Exempt SALARY RANGE: $62, 653.50- $ 75,699.00 annually, plus excellent benefits (37.5 hour workweek)
More informationwhether they are owed overtime, when it should start being paid, and whether they are entitled to breaks.
This is Samuel Deskin of Deskin Law Firm. Today we will be discussing whether Nurses are entitled to Overtime Pay, and Rest and Lunch Breaks in California. 1 Some nurses we have worked with have had misconceptions
More informationIndependent Contractor Versus Employee Status
12 Independent Contractor Versus Employee Status Failing to appropriately classify a worker as an employee or an independent contractor can have serious consequences. Companies that misclassify workers
More informationHuman Resources Director Classification Code:
Human Resources Director Classification Code: Department: Office of the City Manager Union: Not Applicable, Nonunion position Classification: FLSA Exempt (Administrative) GENERAL STATEMENT OF DUTIES The
More informationAlert. Client PROSKAUER ROSE LLP. DOL s Fair Pay Overtime Rules Alter The White Collar Exemption Regulations
PROSKAUER ROSE LLP Client Alert DOL s Fair Pay Overtime Rules Alter The White Collar Exemption Regulations On April 23, 2004, the United States Department of Labor ( DOL ) published long-awaited final
More informationAssessing Reward Effectiveness
Assessing Reward Effectiveness HR Tomorrow 2014 April 2014 Tom McMullen, Adam Kahle, and Dow Scott, Ph.D About Hay Group Hay Group consults with 9,000 clients worldwide in a wide variety of areas, including:
More information10 Sure-Fire Ways to Get Your Company Sued Under the FLSA
Law Office of Bert N. Bisgyer ATTORNEYS AT LAW SUITE 525 EAST 1025 THOMAS JEFFERSON STREET, NW WASHINGTON, D.C. 20007 Telephone 202-338-2172 Facsimile 202-338-2447 E-mail: bbisgyer@bisgyerlaw.com www.bisgyerlaw.com
More informationHuman Resources Management
Human Resources (08/15/16) Human Resources Human resources managers are an integral part of the leadership team charged with directing complex organizations and a diverse workforce. Managing people and
More information