fair labor standards act what supervisors need to know
TRANSCRIPT
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You will be able to:• Comply with the basic requirements of FLSA• Determine whether an employee is exempt
or nonexempt • Apply FLSA requirements to part-time
workers and independent contractors• Identify and observe child labor restrictions
Session Objectives
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FLSA Basics•Minimum wage and overtime requirements• Hours of work and how to calculate overtime• Recordkeeping requirements• Exemptions from overtime requirements• Child labor laws
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Why You Need to Know•Wage and hour issues are critical to the
operation of the organization• FLSA determinations may be difficult • The law affects employee compensation• You play an important role in compliance
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Nonexempt and Exempt• Nonexempt employees
• Exempt employees
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Minimum Wage• Application • Federal versus state requirements •Minimum wage/overtime posters
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Equal Pay• Equal Pay Act • Comparison of jobs • Prohibited pay
differentials • Permitted pay
differentials
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Hours of Work• FLSA requires regular
and overtime pay • Hours worked • Workweek • Preparatory and
concluding activities
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Hours of Work (cont.)
•Waiting time • On-call time• Travel time
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Hours of Work (cont.)
• Split shifts• Training programs, lectures, and meetings • Holidays, vacations, and sick days •Medical attention • Report-in pay
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OvertimeOvertime for hours worked over 40• Averaging hours
prohibited• Holiday/sick pay not
included• On-call and travel time
may be included• Employee rights • Time of payment
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Calculating Overtime• Fixed 40-hour
workweek • Fixed workweek of
fewer than 40 hours
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Overtime: Other Issues• Distribution of overtime • Required overtime • Unauthorized overtime
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Rest Periods• Meals • Work breaks • Sleep time
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Recording Work Time• Means of tracking
hours• Regular starting and
stopping times• Discrepancies• Rounding off
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FLSA Recordkeeping• Employee information • Basic employment and
earnings records • Records on employees
receiving tips • Minimum requirements
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FLSA Requirements• Questions?
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FLSA Exemptions•Who is exempt? • How do you determine exemptions?
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Executive Exemption• Salary of at least $455
per week • Job duties• Direct work of others • Authority to hire and
fire
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Executive Definitions• Primary duty •Management• Department or subdivision
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Executive Definitions (cont.)
• Customarily and regularly• Two or more • Particular weight
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Administrative Exemption• Salary of at least $455
per week • Job duties • Exercise of discretion
and independent judgment
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Administrative Definitions• Primary duty • Related to management or general
business operations • Advising customers
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Administrative Definitions (cont.)
• Discretion and independent judgment•Matters of significance
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Professional Exemption• Learned and creative professionals• Salary of at least $455 per week • Primary duty • Advanced knowledge in science or learning• Acquisition of advanced knowledge
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Professional Definitions• Primary duty •Work requiring advanced knowledge• Field of science or learning• Acquired through specialized training• Invention, imagination, originality, or talent
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Computer Exemption• Salary or hourly rate • Position
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Computer Exemption (cont.)
• Primary duty• Employees not included
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Combination Exemptions• Definition • Examples
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Other Exemptions• Highly compensated employees• Outside sales people
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Other Exemptions (cont.)
• Business owners • Motor carriers• Commissioned retail
sales
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Deductions from Pay• Absences due to illness or disability • Absences for personal reasons • Offsets• Disciplinary suspensions and penalties• First and last weeks of employment• Unpaid leave
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Part-Timers and FLSA• Minimum wage• Overtime• Equal pay
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Contractors and FLSA• Contractors include workers who contract
with the company• Reasonable basis test
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Contractors and FLSA (cont.)
• Common-law test
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Exemptions• Questions?
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Child Labor Laws• Purpose of child
labor laws• Workers under age 18• Minimum wage• Overtime
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Work Restrictions• Work restrictions for all
minors under 18• Other restrictions vary
depending on minor’s age
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Hours of Work• Restrictions for minors who are 14 or 15• No restrictions for minors who are 16 or 17
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Additional Considerations• Proof of age• Government contracts• Penalties for violation
of laws
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Key Points to Remember• FLSA is a federal law that applies to most
organizations • This law governs minimum wage, overtime,
and child labor issues •Most employees are covered • Be aware of the impact of this law