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Understanding FLSA and Employee Elegibility
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Understanding FLSA and Employee Elegibility

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Fortunately, this problem can be prevented if employers have a solid understanding of the Fair Labor Standards Act and how it applies to the employees in their organization. ...

Fortunately, this problem can be prevented if employers have a solid understanding of the Fair Labor Standards Act and how it applies to the employees in their organization.
Join Rebecca Regard, a Human Resources Specialist with G&A Partners,
for the "Understanding FLSA and Employee Eligibility" webinar on
Tuesday, September 13th at 11am Central Standard Time.
This webinar will focus on:
•Avoiding wage and hour claims
•Understanding FLSA
•How to properly determine overtime eligibility
This webinar was posted on September 13, 2011 and presented by Rebecca Regard.

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Understanding FLSA and Employee Elegibility Understanding FLSA and Employee Elegibility Presentation Transcript

  • G&A PartnersPresentationPresented byRebecca Regard, MBA PHR
  • Important Notice•  Not an attorney.•  Not a substitute for experienced legalcounsel.•  Not provide legal advice.
  • What is FLSA?http://http://www.ere.net/2011/01/28/4-social-media-steps/Fair Labor Standards Act (FLSA)Federal Law-Child Labor-Minimum Wage and Overtime Pay-Equal Pay Act
  • Who Does FLSA Affect?•  More than 100 million workers•  Both full-time and part-time•  Private and public sectors.•  Enterprises with employees who…•  engage in interstate commerce•  produce goods for interstate commerce•  or handle, sell, or work on goods ormaterials that have been moved in orproduced for interstate commerce.
  • Who Does FLSA Affect? (con’t)•  Domestic service workers•  At least $1,400 in cash wages– from one employer– in a calendar year,or– more than eight hours a week for one ormore employers.
  • Child Labor Provision•  Restricts hours under age 16•  Prohibits the employment under age 16during school hours–  and jobs deemed too dangerous.•  Forbids the employment if under age 18when too dangerous.
  • Minimum Wage & Overtime Pay•  All employees are considered non-exempt– unless the employee’s position meetsspecific exemption criteriaor– unless the regulations specifically allowan exemption, and the employer hasopted to use this exemption.
  • Equal Pay Act•  Under the FLSA•  Prohibits gender-based wagediscrimination.
  • Penalty•  Willfully or repeatedly violate•  Civil money penalty of up to $1,100 foreach violation
  • Timeline•  An action for back wages or overtimemust begin within two years of the datesuch wages began to accrue
  • Common Employer Mistakes•  Considering any employee who is paid asalary as an exempt employee. (noteligible for overtime pay)•  Not paying for unauthorized overtime•  Making automatic pay deductions formeal breaks.
  • Common Assumptions•  My employees won’t sue•  All my workers are 1099, so FLSA doesn’tapply.•  All of my employees are salary.
  • What’s the Risk?•  84% of all employment class-actions filed.•  80% out of compliance.•  Near-automatic double damages forsuccessful plaintiffs.•  Attorneys’ fees.•  Workers becoming more informed
  • What’s the Risk?•  Back Wages•  Liquidated Damages•  Collective Actions
  • What’s the Risk?•  Example: Collective Action•  20 employees•  $122,000 each•  Over 2.4 Million (damages)
  • Examples•  Lars Ulrich- Metallica•  Farmers Insurance
  • Who Files Overtime Claims?•  Agitated employee•  Seeks to file another claim•  Employee looks for overtime claim.– DOL list/article– Sought out by attorney
  • “Scams That Make Your Boss Rich”•  Employer keeps sloppy records and oftenunderpays you.•  You have to clock out at ‘finish’ work time,but still have to clean up, etc.•  You are a salaried employee, and havemanager in your title but you don’tperform managerial duties– Click here for test for determiningexecutive exemption.
  • Correct Classification•  Exempt vs. Non Exempt
  • FLSA Exemptions• Who is exempt?• How do you determine exemptions?
  • Executive Exemption• At least $455 per week• Primary Duty= to direct work of others• Authority to hire and fire• Job duties
  • Administrative Exemption• Salary of at least $455 per week• Job duties• Exercise of discretion and independentjudgment• Customers
  • Professional Exemption• Learned and creative professionals• Salary of at least $455 per week• Primary duty• Advanced knowledge• Acquisition of advanced knowledge
  • Computer Exemption• Salary ($455/week) or hourly rate($27.63/hour)• Position
  • Outside Sales Exemption•  Spends most work time away from office.•  Contracts/Products/Services
  • Combinations• Different exemptions
  • Highly Paid Employee Exemption•  Non-Manual work•  At least $100,000/year•  $455/week
  • Other Exemptions (cont.)• Commission (retail)• Business owners• Some transportation
  • How to Avoid a Claim•  Correct classification•  Drafting and communicating clear policies•  Monitor employee activity•  Performing wage and hour audits•  Promptly correcting problems•  Staying up-to-date
  • Questions?Rebecca Regardrregard@gnapartners.com(713) 235-8205 (direct line)
  • Citations•  DOL: http://www.dol.gov/•  BLR: http://www.blr.com/•  SHRM: http://www.shrm.org