SlideShare a Scribd company logo
1 of 4
Download to read offline
The Fair Labor Standards Act
                                         Some Things a Manager Has to Know
                         The Fair Labor Standards Act (FLSA) is a federal law that employers often get wrong. Sometimes the errors
                         are innocent mistakes, and sometimes they are blatant violations. Regardless of the employer’s intentions, in
                         recent years more employees have been seizing opportunities to challenge their employers for nonpayment
                         of wages or overtime. Court cases reveal that certain employer errors are common, including the following:
                         miscalculating overtime payments or not paying overtime at all, misclassifying non-exempt employees as
                         exempt, not understanding what is time worked, and expecting that employees will work off-the-clock.This
                         article will examine some of the basic requirements of the FLSA, sum up some big cases, and provide
                         suggestions for how these mistakes can be avoided.


                         According to the Department of Labor, 2007 was a record year for recovering wages for workers who brought
                         claims under the FLSA. More than 3.4 million workers recovered a total of $220.6 million in back wages.
                         Indicators point to more litigation under this law in the future and more class action lawsuits. In fact, from
                         2006 to 2007, FLSA claims filed in U.S. district courts increased by 73%. Compared to 2003 to 2007, this
                         represents a 165% increase in claims.


                         Let’s take a look at some of the basic requirements of the law and where employers are repeatedly making
                         the same mistakes.



                         Recordkeeping and Notice Requirements
                         Employers must keep accurate records of all time worked for all non-exempt employees.The FLSA provides a
                         detailed list of records that must be kept and rules for how long these records must be maintained. For
                         example, payroll records must be kept for at least three years. However, records that are used to compute
                         wages, such as timesheets, must be retained for at least two years. In addition, all employers covered by the
                         FLSA must post a notice that explains the law in a conspicuous place.


                         More information about recordkeeping and posting requirements can be found at:
                         http://www.dol.gov/compliance/laws/comp-flsa.htm#recordkeeping


                         In 1997, the U.S. Court of Appeals affirmed a $9.6 million judgment against Southern New England
                         Telecommunications (SNET).This money was awarded to 1,500 outside craft workers because they weren’t
                         compensated for work done during their meal periods. SNET argued that the employees were relieved from
                         duty during lunch so they did not have to pay the craft workers during meal periods.The court found that
                         since the employees could not leave the work site and had to secure the area, they were not relieved from
                         duty and were actually working.Accordingly, they had to be paid.
2675 Paces Ferry Road
Suite 470
Atlanta, Georgia 30339
Tel: 800.497.7654
Fax: 770.319.7905
www.eliinc.com
                                      Does your learning make a difference?®                                                                                                      1
                                                                                         Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
Recordkeeping and Notice Requirements (continued)
                         SNET had not required the craft workers to include their lunch period on timesheets, so there was some
                         question as to how much time had not been compensated. SNET argued the $9.6 million award was too
                         large because the tally of unpaid time worked was too large.The court responded by saying, “It is well settled
                         that when an employer fails to keep adequate records of its employees’ compensable work periods, as
                         required by the FLSA, employees seeking recovery for overdue wages will not be penalized due to their
                         employer’s recordkeeping default.” In other words, since SNET did not maintain adequate records of hours
                         worked, the employees got what they asked for.



                         Exempt or Non-Exempt
                         To understand which employees are entitled to minimum wage and overtime, an employer must properly
                         classify their employees as exempt or non-exempt.This is sometimes tricky. Basically, all employees are
                         covered by the FLSA requirements unless they are exempt.To be exempt, certain requirements must be met.
                         Employees may be exempt as executive, administrative, professional, computer, outside sales, or highly
                         compensated employees.


                         Classification mistakes can be costly. For example, in 2006, Merrill Lynch settled a claim brought by 3,250
                         stockbrokers in California for $37 million. Merrill Lynch had not paid the stockbrokers overtime because it
                         treated them as exempt administrative employees.The brokers argued, however, that they did not meet the
                         requirements of the exemption because the law provides that employees “whose primary duty is selling
                         financial products does not qualify for the administrative exemption.”This was a costly mistake for Merrill
                         because the brokers claimed they regularly worked in excess of 40 hours per week and were not properly
                         compensated for the overtime.


                         Caribou Coffee made a similar mistake when it classified its store managers as exempt executives and did not
                         pay them overtime, but instead paid them a salary.Three former store managers from Minnesota sued the
                         company in 2005, claiming they regularly worked in excess of 40 hours a week and should have been paid
                         overtime.The lawsuit became a class action, including hundreds of store managers.Their claim to overtime
                         was based on the fact that their primary duties were non-exempt functions, such as making coffee and
                         waiting on customers.Therefore, they argued they were really non-exempt employees rather than exempt
                         executives. Caribou agreed to settle in 2008 for $2.7 million.



                         Minimum Wage
                         As of July 2008, the federal minimum wage is $6.55 per hour; it is scheduled to increase to $7.25 per hour in
                         July 2009.All non-exempt employees must be paid at least the minimum wage for all hours worked.While
                         this sounds simple, employers often make mistakes based on confusion about what is an hour worked.Also,
                         employers can mess up when they make deductions from an employee’s pay and that deduction results in
2675 Paces Ferry Road
                         the employee earning less than minimum wage.
Suite 470
Atlanta, Georgia 30339
Tel: 800.497.7654
Fax: 770.319.7905
www.eliinc.com
                                      Does your learning make a difference?®                                                                                                       2
                                                                                          Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
Minimum Wage (continued)
                         All time worked must be paid no less than the minimum wage.The Supreme Court has said that “work” is
                         “physical or mental exertion (whether burdensome or not) controlled or required by the employer and
                         pursued necessarily and primarily for the benefit of the employer and his business.” Based on this definition,
                         there are rules and regulations to help determine what is time worked. For example, breaks of less than 20
                         minutes are considered to be working time.A meal period that does not fully release the employee from duty
                         will be considered time worked.Also, some travel time must be compensated under the FLSA, depending on
                         when the hours of travel occur.Time spent in training is generally considered work time. Regulations also
                         address when time spent on-call is work time or not.


                         Figuring out what is time worked can be problematic, but figuring out when an employee has actually
                         worked poses problems for employers, too.There have been many cases where employees claim
                         management knew they worked off the clock yet did not ask the employee to record their time. For example,
                         if a non-exempt employee works through lunch, the manager should make sure the employee’s timesheet
                         reflects that time worked. If the employee arrives to work early or leaves late, the employee must be
                         compensated for the actual hours worked, not the scheduled hours, so long as management knew or should
                         have known the employee worked those extra hours. Moreover, technology that provides round-the-clock
                         opportunities for work-related communication also provides opportunity for claims that non-exempt
                         employees were expected to work off the clock. For example, managers need to know that a non-exempt
                         employee may incur additional work time when that employee sends the manager a work-related e-mail at
                         night, outside of the employee’s regularly scheduled work hours.


                         Employees also complain regularly that they were required to work during meal and break times and should
                         have been paid.Wal-Mart settled such a case in January 2009 for $54.3 million.The lawsuit, raised under
                         Minnesota law, alleged that non-exempt employees were not paid for time during training and were denied
                         breaks required by state law. In 2006,Wal-Mart suffered a $78 million jury verdict in Pennsylvania when
                         workers there also claimed they were not paid for compensable break periods.



                         Overtime
                         Overtime is another requirement of the FLSA where opportunity for mistakes by employers is ripe.Again, the
                         rule seems fairly simple. If a non-exempt employee works more than 40 hours in a workweek, the employee
                         must be paid at a rate of 1.5 times the regular rate of pay for all hours worked over 40 in the workweek.
                         However, employers have made mistakes by not calculating the “regular rate” correctly, not adding the hours
                         worked correctly, requiring off-the-clock work, or not noticing that employees were working more hours than
                         they were recording on their timesheets.


                         In 2003,T-Mobile settled a case under a state law similar to the FLSA when its customer care representatives
                         sued them in Washington.According to the customer care representatives, they were told they could not clock
                         in while they performed activities that were necessary to prepare for the start of their shifts, such as booting
2675 Paces Ferry Road
Suite 470                up their computers.The Department of Labor computed back wages for all the call centers over a three-year
Atlanta, Georgia 30339
                         period, and the parties settled for $4.7 million.
Tel: 800.497.7654
Fax: 770.319.7905
www.eliinc.com
                                       Does your learning make a difference?®                                                                                                     3
                                                                                         Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
ELI’s Solution
                         ELI® believes that training managers on basic legal and policy requirements is critical.Whether talking about
                         discrimination, labor law, or wage and hour law, managers need to know certain basics.The very best Human
                         Resources and payroll department does not have the direct, daily access to employees to detect risky
                         behaviors that managers have. Moreover, when concerns about possible legal violations are raised, managers
                         could be the first to hear about these concerns. ELI believes that lecturing to managers about the law or
                         having them go through a check-the-box course will not change their behaviors.With regard to key FLSA
                         issues, ELI has developed an experiential course that teaches managers the basics of the FLSA and shows
                         them how to avoid common mistakes that lead to distrust, lowered productivity, and lawsuits.


                         The course, Communicating Standards, places managers in a variety of wage and hour situations.They are
                         taught not only the legal basics but also how to identify potentially risky situations.They learn how to
                         monitor their employees, how to intervene and communicate if they see situations that might be off-the-clock
                         work, the importance of welcoming concerns, and when to coach employees if their employees are violating
                         the rules.The course emphasized organizational policy so that managers leave the class with a clearer
                         understanding of the policies and the necessity of communicating expectations to employees. Moreover,
                         managers are taught that they are not expected to solve FLSA issues on their own, but they do have a
                         responsibility to get help.


                         While the FLSA provides guidance on specific records that must be maintained, it is silent as to another type
                         of documentation that is critical. ELI believes managers should understand the importance of documenting all
                         conversations they have with employees regarding FLSA issues.Whether the manager is reminding
                         employees about the importance of accurately recording all time worked on timesheets or counseling a non-
                         exempt employee who worked through lunch without advanced approval, these conversations should be
                         documented.The FLSA allows for increased damages when an employee can show that an FLSA violation
                         was willful and allows for double damages if the employee shows the employer made no good faith attempt
                         to comply with the law.This additional documentation may not be legally required, but it is just as important
                         in terms of being able to establish credibility and good intent when legal challenges arise.




2675 Paces Ferry Road
Suite 470
Atlanta, Georgia 30339
Tel: 800.497.7654
Fax: 770.319.7905
www.eliinc.com
                                       Does your learning make a difference?®                                                                                                    4
                                                                                        Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved

More Related Content

What's hot

Calculation of Damages in Wrongful Termination Litigation
Calculation of Damages in Wrongful Termination LitigationCalculation of Damages in Wrongful Termination Litigation
Calculation of Damages in Wrongful Termination LitigationThomas Econometrics
 
Mainstay Mktg Brochures (9 Pages)
Mainstay   Mktg Brochures (9 Pages)Mainstay   Mktg Brochures (9 Pages)
Mainstay Mktg Brochures (9 Pages)Michael Engstrom
 
The 5 Most Common Employment Pitfalls
The 5 Most Common Employment PitfallsThe 5 Most Common Employment Pitfalls
The 5 Most Common Employment PitfallsMyPlace Conveyancing
 
F.U.N. slides Fair Labor Standards Act (FLSA)
F.U.N. slides Fair Labor Standards Act (FLSA)F.U.N. slides Fair Labor Standards Act (FLSA)
F.U.N. slides Fair Labor Standards Act (FLSA)gwhumanresources
 
Employment Law for Small Businesses
Employment Law for Small BusinessesEmployment Law for Small Businesses
Employment Law for Small Businesseshotspurboy
 
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACA
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACAEmployee Leaves of Absence: FLSA, FMLA, ADA, and ACA
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACABass, Berry & Sims
 
Hrm 593 employment law entire course
Hrm 593 employment law entire courseHrm 593 employment law entire course
Hrm 593 employment law entire coursebestwriter
 
Top 10 Employment Law Mistakes Made By Businesses
Top 10 Employment Law Mistakes Made By BusinessesTop 10 Employment Law Mistakes Made By Businesses
Top 10 Employment Law Mistakes Made By BusinessesFrank C. Cardenas
 
IRS Worker Classification
IRS Worker ClassificationIRS Worker Classification
IRS Worker ClassificationJudi Wunderlich
 
HNI U Managing Employee Leave
HNI U Managing Employee LeaveHNI U Managing Employee Leave
HNI U Managing Employee LeaveHNI Risk Services
 
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
 
Compensation Compliance for Federal Contractors: The Rules Have Changed!
Compensation Compliance for Federal Contractors: The Rules Have Changed!Compensation Compliance for Federal Contractors: The Rules Have Changed!
Compensation Compliance for Federal Contractors: The Rules Have Changed!williamsjohnseoexperts
 
CSO Compliance Issues
CSO Compliance IssuesCSO Compliance Issues
CSO Compliance IssuesErvyn Rivera
 
Windsor Accelerator Presentation
Windsor Accelerator PresentationWindsor Accelerator Presentation
Windsor Accelerator PresentationPaul Willetts
 
Chapter 4 Organization/Individual Relations and Retention
Chapter 4 Organization/Individual Relations and RetentionChapter 4 Organization/Individual Relations and Retention
Chapter 4 Organization/Individual Relations and RetentionRayman Soe
 
Employment Law Seminar Mercia 23.10.09
Employment Law Seminar   Mercia 23.10.09Employment Law Seminar   Mercia 23.10.09
Employment Law Seminar Mercia 23.10.09hotspurboy
 
eBook: A Practical Guide to Compensation Self-Auditing
eBook: A Practical Guide to Compensation Self-AuditingeBook: A Practical Guide to Compensation Self-Auditing
eBook: A Practical Guide to Compensation Self-AuditingThomas Econometrics
 

What's hot (20)

Calculation of Damages in Wrongful Termination Litigation
Calculation of Damages in Wrongful Termination LitigationCalculation of Damages in Wrongful Termination Litigation
Calculation of Damages in Wrongful Termination Litigation
 
d
dd
d
 
Mainstay Mktg Brochures (9 Pages)
Mainstay   Mktg Brochures (9 Pages)Mainstay   Mktg Brochures (9 Pages)
Mainstay Mktg Brochures (9 Pages)
 
2009 Fair Work Education Seminar
2009 Fair Work Education Seminar2009 Fair Work Education Seminar
2009 Fair Work Education Seminar
 
The 5 Most Common Employment Pitfalls
The 5 Most Common Employment PitfallsThe 5 Most Common Employment Pitfalls
The 5 Most Common Employment Pitfalls
 
F.U.N. slides Fair Labor Standards Act (FLSA)
F.U.N. slides Fair Labor Standards Act (FLSA)F.U.N. slides Fair Labor Standards Act (FLSA)
F.U.N. slides Fair Labor Standards Act (FLSA)
 
Employment Law for Small Businesses
Employment Law for Small BusinessesEmployment Law for Small Businesses
Employment Law for Small Businesses
 
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACA
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACAEmployee Leaves of Absence: FLSA, FMLA, ADA, and ACA
Employee Leaves of Absence: FLSA, FMLA, ADA, and ACA
 
Hrm10e ch15
Hrm10e ch15Hrm10e ch15
Hrm10e ch15
 
Hrm 593 employment law entire course
Hrm 593 employment law entire courseHrm 593 employment law entire course
Hrm 593 employment law entire course
 
Top 10 Employment Law Mistakes Made By Businesses
Top 10 Employment Law Mistakes Made By BusinessesTop 10 Employment Law Mistakes Made By Businesses
Top 10 Employment Law Mistakes Made By Businesses
 
IRS Worker Classification
IRS Worker ClassificationIRS Worker Classification
IRS Worker Classification
 
HNI U Managing Employee Leave
HNI U Managing Employee LeaveHNI U Managing Employee Leave
HNI U Managing Employee Leave
 
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...
 
Compensation Compliance for Federal Contractors: The Rules Have Changed!
Compensation Compliance for Federal Contractors: The Rules Have Changed!Compensation Compliance for Federal Contractors: The Rules Have Changed!
Compensation Compliance for Federal Contractors: The Rules Have Changed!
 
CSO Compliance Issues
CSO Compliance IssuesCSO Compliance Issues
CSO Compliance Issues
 
Windsor Accelerator Presentation
Windsor Accelerator PresentationWindsor Accelerator Presentation
Windsor Accelerator Presentation
 
Chapter 4 Organization/Individual Relations and Retention
Chapter 4 Organization/Individual Relations and RetentionChapter 4 Organization/Individual Relations and Retention
Chapter 4 Organization/Individual Relations and Retention
 
Employment Law Seminar Mercia 23.10.09
Employment Law Seminar   Mercia 23.10.09Employment Law Seminar   Mercia 23.10.09
Employment Law Seminar Mercia 23.10.09
 
eBook: A Practical Guide to Compensation Self-Auditing
eBook: A Practical Guide to Compensation Self-AuditingeBook: A Practical Guide to Compensation Self-Auditing
eBook: A Practical Guide to Compensation Self-Auditing
 

Viewers also liked

Proposed DOL Rule May Make Millions More Eligible for Overtime Pay
Proposed DOL Rule May Make Millions More Eligible for Overtime PayProposed DOL Rule May Make Millions More Eligible for Overtime Pay
Proposed DOL Rule May Make Millions More Eligible for Overtime PayHuman Resources & Payroll
 
What Bad Behavior is costing your organization... and what you can do about it
What Bad Behavior is costing your organization... and what you can do about itWhat Bad Behavior is costing your organization... and what you can do about it
What Bad Behavior is costing your organization... and what you can do about itStephen M. Paskoff, Esq.
 

Viewers also liked (6)

Maine Mandatory Training Kit
Maine Mandatory Training KitMaine Mandatory Training Kit
Maine Mandatory Training Kit
 
Efca Overview
Efca OverviewEfca Overview
Efca Overview
 
EFCA - Strengthening Employee Relations
EFCA - Strengthening Employee RelationsEFCA - Strengthening Employee Relations
EFCA - Strengthening Employee Relations
 
Proposed DOL Rule May Make Millions More Eligible for Overtime Pay
Proposed DOL Rule May Make Millions More Eligible for Overtime PayProposed DOL Rule May Make Millions More Eligible for Overtime Pay
Proposed DOL Rule May Make Millions More Eligible for Overtime Pay
 
50 State Harrassment Training Overview
50 State Harrassment Training Overview50 State Harrassment Training Overview
50 State Harrassment Training Overview
 
What Bad Behavior is costing your organization... and what you can do about it
What Bad Behavior is costing your organization... and what you can do about itWhat Bad Behavior is costing your organization... and what you can do about it
What Bad Behavior is costing your organization... and what you can do about it
 

Similar to Facts About Fair Labor Standards Act

What keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nightWhat keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nighthumresource
 
What keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nightWhat keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nighthumresource
 
Minimum Wage Laws And Labor Unions
Minimum Wage Laws And Labor UnionsMinimum Wage Laws And Labor Unions
Minimum Wage Laws And Labor UnionsVeronica Rogers
 
Redundancy, Retrenchment and Separation
Redundancy, Retrenchment and SeparationRedundancy, Retrenchment and Separation
Redundancy, Retrenchment and SeparationlegalPadmin
 
HR Managers Guide to Proper Worker Classification
HR Managers Guide to Proper Worker ClassificationHR Managers Guide to Proper Worker Classification
HR Managers Guide to Proper Worker ClassificationSage HRMS
 
Happy Employees Make Happy Customers
Happy Employees Make Happy CustomersHappy Employees Make Happy Customers
Happy Employees Make Happy CustomersSimonAllsop3
 
Top-5-Small-Business-HR-Mistakes
Top-5-Small-Business-HR-MistakesTop-5-Small-Business-HR-Mistakes
Top-5-Small-Business-HR-MistakesAllie0
 
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to CompliancePayroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to ComplianceNaba Ahmed
 
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to CompliancePayroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to ComplianceAggregage
 
Outside Agents - The Biggest Threat to Your Operation
Outside Agents - The Biggest Threat to Your OperationOutside Agents - The Biggest Threat to Your Operation
Outside Agents - The Biggest Threat to Your OperationJames Huber
 
Hrm performance appraisal
Hrm performance appraisalHrm performance appraisal
Hrm performance appraisalpochettino339
 
7 eleven's bad call allegations of underpayment and false records
7 eleven's bad call allegations of underpayment and false records7 eleven's bad call allegations of underpayment and false records
7 eleven's bad call allegations of underpayment and false recordsChristine Hui Jun Zhong
 
Alternatives To Lay Offs
Alternatives To Lay OffsAlternatives To Lay Offs
Alternatives To Lay Offslnarvid
 
Human Resource Compensation and Benefits.docx
Human Resource Compensation and Benefits.docxHuman Resource Compensation and Benefits.docx
Human Resource Compensation and Benefits.docxEssay Writers
 
Implementing the Overtime Regulations: 5 Steps to Controlling Costs
Implementing the Overtime Regulations:  5 Steps to Controlling CostsImplementing the Overtime Regulations:  5 Steps to Controlling Costs
Implementing the Overtime Regulations: 5 Steps to Controlling CostsCBIZ, Inc.
 
Labor and Employment Seminar
Labor and Employment SeminarLabor and Employment Seminar
Labor and Employment SeminarWardandSmithPA
 
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...Barbara Richman, SPHR
 
Compensation Law Mythbusters
Compensation Law MythbustersCompensation Law Mythbusters
Compensation Law Mythbusterswychepa
 
Tax Court Cautionary Tale: Classifying Workers as Contractors
Tax Court Cautionary Tale: Classifying Workers as ContractorsTax Court Cautionary Tale: Classifying Workers as Contractors
Tax Court Cautionary Tale: Classifying Workers as ContractorsHuman Resources & Payroll
 

Similar to Facts About Fair Labor Standards Act (20)

What keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nightWhat keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-night
 
What keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-nightWhat keeps-a-professional-in-human-resources-up-at-night
What keeps-a-professional-in-human-resources-up-at-night
 
Minimum Wage Laws And Labor Unions
Minimum Wage Laws And Labor UnionsMinimum Wage Laws And Labor Unions
Minimum Wage Laws And Labor Unions
 
Underpayment of Wages - An Issue To Be Avoided
Underpayment of Wages - An Issue To Be AvoidedUnderpayment of Wages - An Issue To Be Avoided
Underpayment of Wages - An Issue To Be Avoided
 
Redundancy, Retrenchment and Separation
Redundancy, Retrenchment and SeparationRedundancy, Retrenchment and Separation
Redundancy, Retrenchment and Separation
 
HR Managers Guide to Proper Worker Classification
HR Managers Guide to Proper Worker ClassificationHR Managers Guide to Proper Worker Classification
HR Managers Guide to Proper Worker Classification
 
Happy Employees Make Happy Customers
Happy Employees Make Happy CustomersHappy Employees Make Happy Customers
Happy Employees Make Happy Customers
 
Top-5-Small-Business-HR-Mistakes
Top-5-Small-Business-HR-MistakesTop-5-Small-Business-HR-Mistakes
Top-5-Small-Business-HR-Mistakes
 
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to CompliancePayroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
 
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to CompliancePayroll & Compliance: Timekeeping Integration - The Key to Compliance
Payroll & Compliance: Timekeeping Integration - The Key to Compliance
 
Outside Agents - The Biggest Threat to Your Operation
Outside Agents - The Biggest Threat to Your OperationOutside Agents - The Biggest Threat to Your Operation
Outside Agents - The Biggest Threat to Your Operation
 
Hrm performance appraisal
Hrm performance appraisalHrm performance appraisal
Hrm performance appraisal
 
7 eleven's bad call allegations of underpayment and false records
7 eleven's bad call allegations of underpayment and false records7 eleven's bad call allegations of underpayment and false records
7 eleven's bad call allegations of underpayment and false records
 
Alternatives To Lay Offs
Alternatives To Lay OffsAlternatives To Lay Offs
Alternatives To Lay Offs
 
Human Resource Compensation and Benefits.docx
Human Resource Compensation and Benefits.docxHuman Resource Compensation and Benefits.docx
Human Resource Compensation and Benefits.docx
 
Implementing the Overtime Regulations: 5 Steps to Controlling Costs
Implementing the Overtime Regulations:  5 Steps to Controlling CostsImplementing the Overtime Regulations:  5 Steps to Controlling Costs
Implementing the Overtime Regulations: 5 Steps to Controlling Costs
 
Labor and Employment Seminar
Labor and Employment SeminarLabor and Employment Seminar
Labor and Employment Seminar
 
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...
Memphis Business Journal. Flsa Enforcement And Employer Compliance.Published ...
 
Compensation Law Mythbusters
Compensation Law MythbustersCompensation Law Mythbusters
Compensation Law Mythbusters
 
Tax Court Cautionary Tale: Classifying Workers as Contractors
Tax Court Cautionary Tale: Classifying Workers as ContractorsTax Court Cautionary Tale: Classifying Workers as Contractors
Tax Court Cautionary Tale: Classifying Workers as Contractors
 

Recently uploaded

Neurological Evaluation of Acute Ischemic stroke in Emergency Room
Neurological Evaluation of Acute Ischemic stroke in Emergency RoomNeurological Evaluation of Acute Ischemic stroke in Emergency Room
Neurological Evaluation of Acute Ischemic stroke in Emergency RoomSudhir Kumar
 
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdf
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdfSGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdf
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdfHongBiThi1
 
bleeding disorders 1 Dr.Nannika Pradhan
bleeding disorders 1  Dr.Nannika Pradhanbleeding disorders 1  Dr.Nannika Pradhan
bleeding disorders 1 Dr.Nannika Pradhanthesalberry
 
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on time
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on timeTracheostomy .pdf ENT by QuickMedTALK. getting things done on time
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on timeQuick MedTalk
 
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTION
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTIONANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTION
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTIONojaswinihemane
 
TARGET DELINEATION IN RECTUM CANCER BY DR KANHU
TARGET DELINEATION IN RECTUM  CANCER BY DR KANHUTARGET DELINEATION IN RECTUM  CANCER BY DR KANHU
TARGET DELINEATION IN RECTUM CANCER BY DR KANHUKanhu Charan
 
Thyroid hormones- synthesis, secretion, functions and disorders
Thyroid hormones- synthesis, secretion, functions and disordersThyroid hormones- synthesis, secretion, functions and disorders
Thyroid hormones- synthesis, secretion, functions and disordersSai Sailesh Kumar Goothy
 
Ovarian tumors Lecture notes for MBBS.pptx
Ovarian tumors Lecture notes for MBBS.pptxOvarian tumors Lecture notes for MBBS.pptx
Ovarian tumors Lecture notes for MBBS.pptxSizan Thapa
 
Reproductive and Child Health Services ppt.pptx
Reproductive and Child Health Services ppt.pptxReproductive and Child Health Services ppt.pptx
Reproductive and Child Health Services ppt.pptxVeereshDemashetti
 
HERPES SIMPLEX VIRUS 12032019 TUESDAY pptx
HERPES SIMPLEX VIRUS 12032019 TUESDAY  pptxHERPES SIMPLEX VIRUS 12032019 TUESDAY  pptx
HERPES SIMPLEX VIRUS 12032019 TUESDAY pptxPulkitMittal54
 
Human Skeletal System_By Anupam Das......
Human Skeletal System_By Anupam Das......Human Skeletal System_By Anupam Das......
Human Skeletal System_By Anupam Das......anupamdas2143
 
Routine Medicine Laboratory Testing _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...
Routine Medicine Laboratory Testing  _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...Routine Medicine Laboratory Testing  _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...
Routine Medicine Laboratory Testing _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...DUY NGUYEN PHUC
 
Basic of Thyroid Hormone:- An In-depth Analysis
Basic of Thyroid Hormone:- An In-depth AnalysisBasic of Thyroid Hormone:- An In-depth Analysis
Basic of Thyroid Hormone:- An In-depth AnalysisAshishMaletha2
 
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...Dr. Dheeraj Kumar
 
The Art and the Science of UK General Practice A historical review and timeli...
The Art and the Science of UK General Practice A historical review and timeli...The Art and the Science of UK General Practice A historical review and timeli...
The Art and the Science of UK General Practice A historical review and timeli...JakeMatthews12
 
CANCER SeminarCancer Overview Type of Cancer.pptx
CANCER SeminarCancer Overview  Type of Cancer.pptxCANCER SeminarCancer Overview  Type of Cancer.pptx
CANCER SeminarCancer Overview Type of Cancer.pptxMrStavanUdayKadam
 
TARGET DELINEATION IN CERVIX CANCER BY DR KANHU
TARGET DELINEATION IN CERVIX CANCER BY DR KANHUTARGET DELINEATION IN CERVIX CANCER BY DR KANHU
TARGET DELINEATION IN CERVIX CANCER BY DR KANHUKanhu Charan
 
Explaining "pathology" in digital pathology
Explaining "pathology" in digital pathologyExplaining "pathology" in digital pathology
Explaining "pathology" in digital pathologyYves Sucaet
 
Neutraceuticals, Herb-drug & Herb-food inetractions
Neutraceuticals, Herb-drug & Herb-food inetractionsNeutraceuticals, Herb-drug & Herb-food inetractions
Neutraceuticals, Herb-drug & Herb-food inetractionsPradnya Wadekar
 
Methicillin-resistant Staphylococcus Aureus (MRSA)
Methicillin-resistant Staphylococcus Aureus (MRSA)Methicillin-resistant Staphylococcus Aureus (MRSA)
Methicillin-resistant Staphylococcus Aureus (MRSA)Ahmad Thanin
 

Recently uploaded (20)

Neurological Evaluation of Acute Ischemic stroke in Emergency Room
Neurological Evaluation of Acute Ischemic stroke in Emergency RoomNeurological Evaluation of Acute Ischemic stroke in Emergency Room
Neurological Evaluation of Acute Ischemic stroke in Emergency Room
 
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdf
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdfSGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdf
SGK BỆNH LÝ GOUT YHN hay lắm nha aaaa.pdf
 
bleeding disorders 1 Dr.Nannika Pradhan
bleeding disorders 1  Dr.Nannika Pradhanbleeding disorders 1  Dr.Nannika Pradhan
bleeding disorders 1 Dr.Nannika Pradhan
 
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on time
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on timeTracheostomy .pdf ENT by QuickMedTALK. getting things done on time
Tracheostomy .pdf ENT by QuickMedTALK. getting things done on time
 
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTION
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTIONANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTION
ANTIPERSPIRANTS AND DEODORANTS : MECHANISM OF ACTION
 
TARGET DELINEATION IN RECTUM CANCER BY DR KANHU
TARGET DELINEATION IN RECTUM  CANCER BY DR KANHUTARGET DELINEATION IN RECTUM  CANCER BY DR KANHU
TARGET DELINEATION IN RECTUM CANCER BY DR KANHU
 
Thyroid hormones- synthesis, secretion, functions and disorders
Thyroid hormones- synthesis, secretion, functions and disordersThyroid hormones- synthesis, secretion, functions and disorders
Thyroid hormones- synthesis, secretion, functions and disorders
 
Ovarian tumors Lecture notes for MBBS.pptx
Ovarian tumors Lecture notes for MBBS.pptxOvarian tumors Lecture notes for MBBS.pptx
Ovarian tumors Lecture notes for MBBS.pptx
 
Reproductive and Child Health Services ppt.pptx
Reproductive and Child Health Services ppt.pptxReproductive and Child Health Services ppt.pptx
Reproductive and Child Health Services ppt.pptx
 
HERPES SIMPLEX VIRUS 12032019 TUESDAY pptx
HERPES SIMPLEX VIRUS 12032019 TUESDAY  pptxHERPES SIMPLEX VIRUS 12032019 TUESDAY  pptx
HERPES SIMPLEX VIRUS 12032019 TUESDAY pptx
 
Human Skeletal System_By Anupam Das......
Human Skeletal System_By Anupam Das......Human Skeletal System_By Anupam Das......
Human Skeletal System_By Anupam Das......
 
Routine Medicine Laboratory Testing _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...
Routine Medicine Laboratory Testing  _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...Routine Medicine Laboratory Testing  _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...
Routine Medicine Laboratory Testing _ CÁC XÉT NGHIỆM THƯỜNG QUY ÁP DỤNG TRON...
 
Basic of Thyroid Hormone:- An In-depth Analysis
Basic of Thyroid Hormone:- An In-depth AnalysisBasic of Thyroid Hormone:- An In-depth Analysis
Basic of Thyroid Hormone:- An In-depth Analysis
 
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...
Range of Secondary Electrons and Electron Build-Up: Impact on Scatter in Homo...
 
The Art and the Science of UK General Practice A historical review and timeli...
The Art and the Science of UK General Practice A historical review and timeli...The Art and the Science of UK General Practice A historical review and timeli...
The Art and the Science of UK General Practice A historical review and timeli...
 
CANCER SeminarCancer Overview Type of Cancer.pptx
CANCER SeminarCancer Overview  Type of Cancer.pptxCANCER SeminarCancer Overview  Type of Cancer.pptx
CANCER SeminarCancer Overview Type of Cancer.pptx
 
TARGET DELINEATION IN CERVIX CANCER BY DR KANHU
TARGET DELINEATION IN CERVIX CANCER BY DR KANHUTARGET DELINEATION IN CERVIX CANCER BY DR KANHU
TARGET DELINEATION IN CERVIX CANCER BY DR KANHU
 
Explaining "pathology" in digital pathology
Explaining "pathology" in digital pathologyExplaining "pathology" in digital pathology
Explaining "pathology" in digital pathology
 
Neutraceuticals, Herb-drug & Herb-food inetractions
Neutraceuticals, Herb-drug & Herb-food inetractionsNeutraceuticals, Herb-drug & Herb-food inetractions
Neutraceuticals, Herb-drug & Herb-food inetractions
 
Methicillin-resistant Staphylococcus Aureus (MRSA)
Methicillin-resistant Staphylococcus Aureus (MRSA)Methicillin-resistant Staphylococcus Aureus (MRSA)
Methicillin-resistant Staphylococcus Aureus (MRSA)
 

Facts About Fair Labor Standards Act

  • 1. The Fair Labor Standards Act Some Things a Manager Has to Know The Fair Labor Standards Act (FLSA) is a federal law that employers often get wrong. Sometimes the errors are innocent mistakes, and sometimes they are blatant violations. Regardless of the employer’s intentions, in recent years more employees have been seizing opportunities to challenge their employers for nonpayment of wages or overtime. Court cases reveal that certain employer errors are common, including the following: miscalculating overtime payments or not paying overtime at all, misclassifying non-exempt employees as exempt, not understanding what is time worked, and expecting that employees will work off-the-clock.This article will examine some of the basic requirements of the FLSA, sum up some big cases, and provide suggestions for how these mistakes can be avoided. According to the Department of Labor, 2007 was a record year for recovering wages for workers who brought claims under the FLSA. More than 3.4 million workers recovered a total of $220.6 million in back wages. Indicators point to more litigation under this law in the future and more class action lawsuits. In fact, from 2006 to 2007, FLSA claims filed in U.S. district courts increased by 73%. Compared to 2003 to 2007, this represents a 165% increase in claims. Let’s take a look at some of the basic requirements of the law and where employers are repeatedly making the same mistakes. Recordkeeping and Notice Requirements Employers must keep accurate records of all time worked for all non-exempt employees.The FLSA provides a detailed list of records that must be kept and rules for how long these records must be maintained. For example, payroll records must be kept for at least three years. However, records that are used to compute wages, such as timesheets, must be retained for at least two years. In addition, all employers covered by the FLSA must post a notice that explains the law in a conspicuous place. More information about recordkeeping and posting requirements can be found at: http://www.dol.gov/compliance/laws/comp-flsa.htm#recordkeeping In 1997, the U.S. Court of Appeals affirmed a $9.6 million judgment against Southern New England Telecommunications (SNET).This money was awarded to 1,500 outside craft workers because they weren’t compensated for work done during their meal periods. SNET argued that the employees were relieved from duty during lunch so they did not have to pay the craft workers during meal periods.The court found that since the employees could not leave the work site and had to secure the area, they were not relieved from duty and were actually working.Accordingly, they had to be paid. 2675 Paces Ferry Road Suite 470 Atlanta, Georgia 30339 Tel: 800.497.7654 Fax: 770.319.7905 www.eliinc.com Does your learning make a difference?® 1 Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
  • 2. Recordkeeping and Notice Requirements (continued) SNET had not required the craft workers to include their lunch period on timesheets, so there was some question as to how much time had not been compensated. SNET argued the $9.6 million award was too large because the tally of unpaid time worked was too large.The court responded by saying, “It is well settled that when an employer fails to keep adequate records of its employees’ compensable work periods, as required by the FLSA, employees seeking recovery for overdue wages will not be penalized due to their employer’s recordkeeping default.” In other words, since SNET did not maintain adequate records of hours worked, the employees got what they asked for. Exempt or Non-Exempt To understand which employees are entitled to minimum wage and overtime, an employer must properly classify their employees as exempt or non-exempt.This is sometimes tricky. Basically, all employees are covered by the FLSA requirements unless they are exempt.To be exempt, certain requirements must be met. Employees may be exempt as executive, administrative, professional, computer, outside sales, or highly compensated employees. Classification mistakes can be costly. For example, in 2006, Merrill Lynch settled a claim brought by 3,250 stockbrokers in California for $37 million. Merrill Lynch had not paid the stockbrokers overtime because it treated them as exempt administrative employees.The brokers argued, however, that they did not meet the requirements of the exemption because the law provides that employees “whose primary duty is selling financial products does not qualify for the administrative exemption.”This was a costly mistake for Merrill because the brokers claimed they regularly worked in excess of 40 hours per week and were not properly compensated for the overtime. Caribou Coffee made a similar mistake when it classified its store managers as exempt executives and did not pay them overtime, but instead paid them a salary.Three former store managers from Minnesota sued the company in 2005, claiming they regularly worked in excess of 40 hours a week and should have been paid overtime.The lawsuit became a class action, including hundreds of store managers.Their claim to overtime was based on the fact that their primary duties were non-exempt functions, such as making coffee and waiting on customers.Therefore, they argued they were really non-exempt employees rather than exempt executives. Caribou agreed to settle in 2008 for $2.7 million. Minimum Wage As of July 2008, the federal minimum wage is $6.55 per hour; it is scheduled to increase to $7.25 per hour in July 2009.All non-exempt employees must be paid at least the minimum wage for all hours worked.While this sounds simple, employers often make mistakes based on confusion about what is an hour worked.Also, employers can mess up when they make deductions from an employee’s pay and that deduction results in 2675 Paces Ferry Road the employee earning less than minimum wage. Suite 470 Atlanta, Georgia 30339 Tel: 800.497.7654 Fax: 770.319.7905 www.eliinc.com Does your learning make a difference?® 2 Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
  • 3. Minimum Wage (continued) All time worked must be paid no less than the minimum wage.The Supreme Court has said that “work” is “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” Based on this definition, there are rules and regulations to help determine what is time worked. For example, breaks of less than 20 minutes are considered to be working time.A meal period that does not fully release the employee from duty will be considered time worked.Also, some travel time must be compensated under the FLSA, depending on when the hours of travel occur.Time spent in training is generally considered work time. Regulations also address when time spent on-call is work time or not. Figuring out what is time worked can be problematic, but figuring out when an employee has actually worked poses problems for employers, too.There have been many cases where employees claim management knew they worked off the clock yet did not ask the employee to record their time. For example, if a non-exempt employee works through lunch, the manager should make sure the employee’s timesheet reflects that time worked. If the employee arrives to work early or leaves late, the employee must be compensated for the actual hours worked, not the scheduled hours, so long as management knew or should have known the employee worked those extra hours. Moreover, technology that provides round-the-clock opportunities for work-related communication also provides opportunity for claims that non-exempt employees were expected to work off the clock. For example, managers need to know that a non-exempt employee may incur additional work time when that employee sends the manager a work-related e-mail at night, outside of the employee’s regularly scheduled work hours. Employees also complain regularly that they were required to work during meal and break times and should have been paid.Wal-Mart settled such a case in January 2009 for $54.3 million.The lawsuit, raised under Minnesota law, alleged that non-exempt employees were not paid for time during training and were denied breaks required by state law. In 2006,Wal-Mart suffered a $78 million jury verdict in Pennsylvania when workers there also claimed they were not paid for compensable break periods. Overtime Overtime is another requirement of the FLSA where opportunity for mistakes by employers is ripe.Again, the rule seems fairly simple. If a non-exempt employee works more than 40 hours in a workweek, the employee must be paid at a rate of 1.5 times the regular rate of pay for all hours worked over 40 in the workweek. However, employers have made mistakes by not calculating the “regular rate” correctly, not adding the hours worked correctly, requiring off-the-clock work, or not noticing that employees were working more hours than they were recording on their timesheets. In 2003,T-Mobile settled a case under a state law similar to the FLSA when its customer care representatives sued them in Washington.According to the customer care representatives, they were told they could not clock in while they performed activities that were necessary to prepare for the start of their shifts, such as booting 2675 Paces Ferry Road Suite 470 up their computers.The Department of Labor computed back wages for all the call centers over a three-year Atlanta, Georgia 30339 period, and the parties settled for $4.7 million. Tel: 800.497.7654 Fax: 770.319.7905 www.eliinc.com Does your learning make a difference?® 3 Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved
  • 4. ELI’s Solution ELI® believes that training managers on basic legal and policy requirements is critical.Whether talking about discrimination, labor law, or wage and hour law, managers need to know certain basics.The very best Human Resources and payroll department does not have the direct, daily access to employees to detect risky behaviors that managers have. Moreover, when concerns about possible legal violations are raised, managers could be the first to hear about these concerns. ELI believes that lecturing to managers about the law or having them go through a check-the-box course will not change their behaviors.With regard to key FLSA issues, ELI has developed an experiential course that teaches managers the basics of the FLSA and shows them how to avoid common mistakes that lead to distrust, lowered productivity, and lawsuits. The course, Communicating Standards, places managers in a variety of wage and hour situations.They are taught not only the legal basics but also how to identify potentially risky situations.They learn how to monitor their employees, how to intervene and communicate if they see situations that might be off-the-clock work, the importance of welcoming concerns, and when to coach employees if their employees are violating the rules.The course emphasized organizational policy so that managers leave the class with a clearer understanding of the policies and the necessity of communicating expectations to employees. Moreover, managers are taught that they are not expected to solve FLSA issues on their own, but they do have a responsibility to get help. While the FLSA provides guidance on specific records that must be maintained, it is silent as to another type of documentation that is critical. ELI believes managers should understand the importance of documenting all conversations they have with employees regarding FLSA issues.Whether the manager is reminding employees about the importance of accurately recording all time worked on timesheets or counseling a non- exempt employee who worked through lunch without advanced approval, these conversations should be documented.The FLSA allows for increased damages when an employee can show that an FLSA violation was willful and allows for double damages if the employee shows the employer made no good faith attempt to comply with the law.This additional documentation may not be legally required, but it is just as important in terms of being able to establish credibility and good intent when legal challenges arise. 2675 Paces Ferry Road Suite 470 Atlanta, Georgia 30339 Tel: 800.497.7654 Fax: 770.319.7905 www.eliinc.com Does your learning make a difference?® 4 Copyright © January 2009 • Employment Learning Innovations, Inc. • All Rights Reserved