For a law that has been around for so long, you would think that we would know what the Fair Labor Standards Act means by now. Ever changing regulations and the multitude of suits being filed demonstrate otherwise.
In this webinar, guest speaker Susan Desmond, shareholder of Jackson Lewis P.C., will walk through the nuances of the FLSA and highlight the most frequent and costly mistakes employers are making. She will also discuss the employer/employee relationship under the FLSA, exemptions, what time is compensable and ways to decrease your overtime liability and much more.
Jim Manfield, Solution Consultant at Kronos, will touch on how organizations can decrease overtime liability and reduce costs with modern cloud-based workforce management solutions.
Despite several employer-friendly cases over the last few years, filings of wage and hour class actions continues to increase—creating risks and costs for even the most cautious companies. During the eLunch, Joan Fife and Emilie Woodhead discussed the latest wage and hour issues employers face and strategies for addressing them.
Need clarity regarding California labor law requirements? Help identifying key facts and strategies for maintaining compliance?
California employment law has deviated from elsewhere in America, making it a difficult landscape for employers to navigate without fear of litigation. In a recently recorded webinar, labor law attorneys from Seyfarth Shaw, LLP–the country’s top wage and hour litigator–shared their best wage and hour advice for employers with workforces operating in California.
What You’ll Learn:
Top employer pitfalls
Best practices for avoiding litigation and penalties
How to ensure compliance across every worksite
Want to learn more ways that EPAY can help your company fight labor laws
California Wage and Hour Law: Avoiding Common Pitfalls With a Distributed Wor...EPAY Systems
Throughout this century, California employment law has deviated from elsewhere in America, making it a difficult landscape for America’s employers to navigate without fear of litigation. Labor law attorneys from Seyfarth Shaw, LLP–the country’s top wage and hour litigator–share their best wage and hour advice for employers with a distributed workforce operating in California.
For more than 60 years, Seyfarth Shaw has been recognized as one of the “go-to” labor and employment firms for business by providing extraordinary, cost-effective results. EPAY Systems, Inc. has joined forces with Seyfarth Shaw to educate employers of distributed labor environments on how compliance risk can be minimized, especially in California.
California labor law requires employers to provide non-exempt employees with a 30 minute duty-free meal period for shifts over 5 hours and another meal period for shifts over 10 hours. It also requires a 10 minute paid rest break for every 4 hours worked. The document outlines the requirements for meal and rest periods, including that they must be free from work duties and occur before certain hours of the shift. It provides guidance to employees on managing their time, responsibilities to notify supervisors of potential issues, and disciplinary actions for avoidable violations.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session I - Current Trends in Government Investigations
Because growing employers are typically focused on the “big stuff,” such as profitability and selling their products and services, they sometimes overlook the seemingly “small stuff,” such as complying with detailed and employee-oriented state and federal labor laws. As growing employers transition to large employers, they often carry with them legacy policies and practices that violate seemingly trivial provisions that nevertheless come with steep penalties that can reach into the millions of dollars. Plaintiffs’ lawyers know this and are targeting growing employers with growing pocketbooks.
"Valid Termination: Substantive and Procedural Requirement under the Labor Code of the Philippines" presented by a Senior Corporate Lawyer of Kittelson & Carpo Consulting. Discussion Topic from ANZCHAM Coffee Mornings - October 28, 2015
Despite several employer-friendly cases over the last few years, filings of wage and hour class actions continues to increase—creating risks and costs for even the most cautious companies. During the eLunch, Joan Fife and Emilie Woodhead discussed the latest wage and hour issues employers face and strategies for addressing them.
Need clarity regarding California labor law requirements? Help identifying key facts and strategies for maintaining compliance?
California employment law has deviated from elsewhere in America, making it a difficult landscape for employers to navigate without fear of litigation. In a recently recorded webinar, labor law attorneys from Seyfarth Shaw, LLP–the country’s top wage and hour litigator–shared their best wage and hour advice for employers with workforces operating in California.
What You’ll Learn:
Top employer pitfalls
Best practices for avoiding litigation and penalties
How to ensure compliance across every worksite
Want to learn more ways that EPAY can help your company fight labor laws
California Wage and Hour Law: Avoiding Common Pitfalls With a Distributed Wor...EPAY Systems
Throughout this century, California employment law has deviated from elsewhere in America, making it a difficult landscape for America’s employers to navigate without fear of litigation. Labor law attorneys from Seyfarth Shaw, LLP–the country’s top wage and hour litigator–share their best wage and hour advice for employers with a distributed workforce operating in California.
For more than 60 years, Seyfarth Shaw has been recognized as one of the “go-to” labor and employment firms for business by providing extraordinary, cost-effective results. EPAY Systems, Inc. has joined forces with Seyfarth Shaw to educate employers of distributed labor environments on how compliance risk can be minimized, especially in California.
California labor law requires employers to provide non-exempt employees with a 30 minute duty-free meal period for shifts over 5 hours and another meal period for shifts over 10 hours. It also requires a 10 minute paid rest break for every 4 hours worked. The document outlines the requirements for meal and rest periods, including that they must be free from work duties and occur before certain hours of the shift. It provides guidance to employees on managing their time, responsibilities to notify supervisors of potential issues, and disciplinary actions for avoidable violations.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session I - Current Trends in Government Investigations
Because growing employers are typically focused on the “big stuff,” such as profitability and selling their products and services, they sometimes overlook the seemingly “small stuff,” such as complying with detailed and employee-oriented state and federal labor laws. As growing employers transition to large employers, they often carry with them legacy policies and practices that violate seemingly trivial provisions that nevertheless come with steep penalties that can reach into the millions of dollars. Plaintiffs’ lawyers know this and are targeting growing employers with growing pocketbooks.
"Valid Termination: Substantive and Procedural Requirement under the Labor Code of the Philippines" presented by a Senior Corporate Lawyer of Kittelson & Carpo Consulting. Discussion Topic from ANZCHAM Coffee Mornings - October 28, 2015
El documento presenta una solución de gestión de fuerza de trabajo llamada Workforce Management. Resume las principales funcionalidades como la planificación, programación, asignación de órdenes de trabajo, aplicación móvil para técnicos, despacho y reporting. También describe los beneficios como optimizar los recursos, mejorar la satisfacción del cliente, y aumentar la productividad.
Kronos is consistently identified as the global market leader for workforce management solutions. Multiple analyst reports and case studies cite Kronos' breadth of offerings, global capabilities, leadership in key industries like retail and healthcare, and ability to deliver strong ROI for customers. Kronos is particularly strong in North America and Western Europe and continues to drive innovation in areas like talent acquisition, mobile applications, and new user experiences.
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
HRM: Strategies to Cut Costs and Reduce RiskTing Yin
The document discusses strategies for human capital management to cut costs and reduce risks. It notes that the human capital management market is growing at 12-15% annually due to organizations seeking tools to enable faster growth with greater efficiencies and lower costs. Cloud-based human capital management systems can help streamline processes like recruiting, hiring, training, performance tracking, and more. Automating these human resource activities through technology can reduce costs from things like bad hires while improving compliance.
Strategies for Responding to the Changes in FLSA Overtime EligibilityNet at Work
This webinar provided details on the new overtime rules going into effect in December 2016, including an increased minimum salary threshold of $47,476 annually. The presentation reviewed tools for analyzing how the new rules impact an organization's workforce and compensation structure. Various options for implementing changes were discussed, such as increasing salaries, reclassifying exempt employees as non-exempt, and using a fluctuating workweek schedule. The webinar also covered resources for monitoring compliance with the new rules.
Kronos Workforce Management is a software solution used by over 30 million people daily across more than 60 countries. It includes modules for hiring, analytics, and time and attendance to help customers automate payroll processing, reduce costs from staff turnover and absences, and increase productivity and revenue through optimized scheduling and real-time visibility of employee activity. Major UK customers see benefits from using Kronos solutions to control overtime spending and better manage sickness, staffing levels, and other workforce issues.
Public kronos presentation for 2015 satmetrix conferenceJoyce Maroney
Kronos has a customer experience management program that aims to improve customer satisfaction and loyalty. The program collects feedback from over 200,000 customers annually through surveys. It provides insights to leadership and ensures customer issues are addressed. Kronos also works to engage employees to prioritize customer needs, such as by linking compensation to satisfaction metrics and recognizing excellent service. The program is evolving to adapt to Kronos transitioning to a cloud-based business model and continuous interactions with customers.
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
Part of the webinar series: Protecting Your Employee Assets: The Life Cycle Of The Employment Relationship 2022
See more at https://www.financialpoise.com/webinars/
This document discusses the Family and Medical Leave Act (FMLA) and provides an overview of key requirements and provisions under the law. It covers eligibility for leave, qualifying reasons for leave, the amount of leave allowed, employer and employee rights and responsibilities, and military family leave provisions. Common issues like intermittent leave, substitution of paid leave, notice requirements, and health benefits continuation are also addressed.
This document discusses employment law regarding the Fair Labor Standards Act (FLSA). It covers topics such as:
- The three-part test to determine if a worker is an employee or independent contractor
- Consequences of misclassifying employees
- What qualifies as compensable work time under the FLSA
- Overtime pay requirements
- Various exemptions from overtime pay
- Common FLSA violations that can result in lawsuits
- How to properly classify temporary employees
Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cyc...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To view the accompanying webinar, go to:
U.S. Department of Labor Wage-Hour DivisionAlex Rudie
The document discusses laws enforced by the U.S. Department of Labor's Wage and Hour Division, including the Fair Labor Standards Act. It provides an overview of key provisions such as minimum wage, overtime pay, exemptions, and recordkeeping requirements. Statistics are given showing the number of cases and back wages collected in fiscal year 2017 relating to minimum wage and overtime violations. Common issues involving hours worked, regular rates of pay, deductions, and salary requirements for exemptions are also summarized.
This document provides an agenda and schedule for a payroll seminar occurring today. The seminar will cover topics such as tax withholding and reporting laws, labour and employment standards related to payroll processing, situations that lead to penalties and interest, payroll documentation and record keeping requirements, and how to audit-proof payroll documentation. There will be several breaks throughout the day between sessions. The schedule also lists times for lunch and the distribution and completion of evaluation forms at the end of the day.
This document provides an overview of wage and hour laws for Florida employers. It discusses the basic requirements under the Fair Labor Standards Act (FLSA), including minimum wage, overtime pay, and recordkeeping. It warns that noncompliance can result in lawsuits, back wages, penalties and fines. The document offers tips for proper timekeeping, ensuring exempt status of employees, and conducting wage and hour audits. It recommends implementing policies and training to reduce risks of violations.
The document provides an overview of payroll law and best practices. It discusses determining worker status, payroll basics like opening accounts and calculating compensation, legal requirements around withholdings, deductions, and documentation. Labour laws around minimum wage, hours of work, overtime, holidays and leaves are examined. Guidelines are provided for hiring and termination processes and ensuring proper payment.
Exempt Employee Determinations and Misclassification of WorkersRachel Hamilton
This document summarizes key topics from the 22nd National Forum on Wage & Hour Claims and Class Actions including expected changes to overtime regulations and exemptions. Likely proposals from the Obama administration include increasing the minimum salary level required for exempt employees, limiting non-exempt work to 50% of an employee's time, and modifying duties tests for specific exemptions. Courts are also actively addressing the application of exemptions.
2018 Department Of Labor Rules and Surprise VisitsEPAY Systems
Companies can run into major problems if they aren’t up to date on the latest U.S. Department of Labor wage and hour rules. The Wage and Hour Division of the Department of Labor has an enormous impact on the interpretation and enforcement of the FLSA. On the state and local level, agencies play a large role in enforcing the wave of cutting-edge wage laws related to predictive scheduling, minimum wage, and sick time.
With many surprise visits and updates to the Department of Labor rules, it is important to align your company’s compliance goals with what we believe to be the current priorities of the Department of Labor and state and local agencies.
Join EPAY Systems and Seyfarth Shaw as we dive into practical advice that can be used to tackle a government wage and hour audit. Don’t wait until the government knocks on your company’s door before learning about the nuts and bolts of state and federal wage and hour agencies. Watch the webinar now.
1. The DOL has proposed doubling the salary threshold for exempt employees from $23,660 to $50,440 annually and indexing it annually. It did not propose changes to the duties tests.
2. There is a 60-day comment period on the proposed rules which ended in September 2015. Over 250,000 comments were submitted. The final rules are expected in Spring or Summer 2016.
3. Employers have several options for complying with the new rules such as raising salaries, limiting overtime, or changing how overtime is calculated.
Under the National Employment Standard, many workers are entitled to receive redundancy pay if let go from an organization. Businesses must understand the rules for redundancy pay in order to ensure they comply with Section 119 of the Fair Work Act 2009. The presentation discusses all you need to know about redundancy pay in Australia.
Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when payments are required, and what entitlements an employee should receive after a termination. We also advises clients on all issues related to the Fair Work Act, including severance and redundancy pay. Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can provide assistance with issues arising from employee termination.
The document discusses the major provisions of the Fair Labor Standards Act (FLSA), including coverage, minimum wage, overtime pay, recordkeeping, and exemptions. It provides details on:
- The FLSA applies to over 130 million workers through enterprise coverage of businesses doing at least $500,000 in annual sales or individual coverage.
- The minimum wage is currently set at $7.25 per hour and must be paid to covered, non-exempt employees for all hours worked.
- Overtime pay at 1.5 times the regular rate of pay is required for hours worked over 40 in a workweek by covered, non-exempt employees.
- Various exemptions exist including the "white collar" exemption
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
El documento presenta una solución de gestión de fuerza de trabajo llamada Workforce Management. Resume las principales funcionalidades como la planificación, programación, asignación de órdenes de trabajo, aplicación móvil para técnicos, despacho y reporting. También describe los beneficios como optimizar los recursos, mejorar la satisfacción del cliente, y aumentar la productividad.
Kronos is consistently identified as the global market leader for workforce management solutions. Multiple analyst reports and case studies cite Kronos' breadth of offerings, global capabilities, leadership in key industries like retail and healthcare, and ability to deliver strong ROI for customers. Kronos is particularly strong in North America and Western Europe and continues to drive innovation in areas like talent acquisition, mobile applications, and new user experiences.
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
HRM: Strategies to Cut Costs and Reduce RiskTing Yin
The document discusses strategies for human capital management to cut costs and reduce risks. It notes that the human capital management market is growing at 12-15% annually due to organizations seeking tools to enable faster growth with greater efficiencies and lower costs. Cloud-based human capital management systems can help streamline processes like recruiting, hiring, training, performance tracking, and more. Automating these human resource activities through technology can reduce costs from things like bad hires while improving compliance.
Strategies for Responding to the Changes in FLSA Overtime EligibilityNet at Work
This webinar provided details on the new overtime rules going into effect in December 2016, including an increased minimum salary threshold of $47,476 annually. The presentation reviewed tools for analyzing how the new rules impact an organization's workforce and compensation structure. Various options for implementing changes were discussed, such as increasing salaries, reclassifying exempt employees as non-exempt, and using a fluctuating workweek schedule. The webinar also covered resources for monitoring compliance with the new rules.
Kronos Workforce Management is a software solution used by over 30 million people daily across more than 60 countries. It includes modules for hiring, analytics, and time and attendance to help customers automate payroll processing, reduce costs from staff turnover and absences, and increase productivity and revenue through optimized scheduling and real-time visibility of employee activity. Major UK customers see benefits from using Kronos solutions to control overtime spending and better manage sickness, staffing levels, and other workforce issues.
Public kronos presentation for 2015 satmetrix conferenceJoyce Maroney
Kronos has a customer experience management program that aims to improve customer satisfaction and loyalty. The program collects feedback from over 200,000 customers annually through surveys. It provides insights to leadership and ensures customer issues are addressed. Kronos also works to engage employees to prioritize customer needs, such as by linking compensation to satisfaction metrics and recognizing excellent service. The program is evolving to adapt to Kronos transitioning to a cloud-based business model and continuous interactions with customers.
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
Part of the webinar series: Protecting Your Employee Assets: The Life Cycle Of The Employment Relationship 2022
See more at https://www.financialpoise.com/webinars/
This document discusses the Family and Medical Leave Act (FMLA) and provides an overview of key requirements and provisions under the law. It covers eligibility for leave, qualifying reasons for leave, the amount of leave allowed, employer and employee rights and responsibilities, and military family leave provisions. Common issues like intermittent leave, substitution of paid leave, notice requirements, and health benefits continuation are also addressed.
This document discusses employment law regarding the Fair Labor Standards Act (FLSA). It covers topics such as:
- The three-part test to determine if a worker is an employee or independent contractor
- Consequences of misclassifying employees
- What qualifies as compensable work time under the FLSA
- Overtime pay requirements
- Various exemptions from overtime pay
- Common FLSA violations that can result in lawsuits
- How to properly classify temporary employees
Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cyc...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To view the accompanying webinar, go to:
U.S. Department of Labor Wage-Hour DivisionAlex Rudie
The document discusses laws enforced by the U.S. Department of Labor's Wage and Hour Division, including the Fair Labor Standards Act. It provides an overview of key provisions such as minimum wage, overtime pay, exemptions, and recordkeeping requirements. Statistics are given showing the number of cases and back wages collected in fiscal year 2017 relating to minimum wage and overtime violations. Common issues involving hours worked, regular rates of pay, deductions, and salary requirements for exemptions are also summarized.
This document provides an agenda and schedule for a payroll seminar occurring today. The seminar will cover topics such as tax withholding and reporting laws, labour and employment standards related to payroll processing, situations that lead to penalties and interest, payroll documentation and record keeping requirements, and how to audit-proof payroll documentation. There will be several breaks throughout the day between sessions. The schedule also lists times for lunch and the distribution and completion of evaluation forms at the end of the day.
This document provides an overview of wage and hour laws for Florida employers. It discusses the basic requirements under the Fair Labor Standards Act (FLSA), including minimum wage, overtime pay, and recordkeeping. It warns that noncompliance can result in lawsuits, back wages, penalties and fines. The document offers tips for proper timekeeping, ensuring exempt status of employees, and conducting wage and hour audits. It recommends implementing policies and training to reduce risks of violations.
The document provides an overview of payroll law and best practices. It discusses determining worker status, payroll basics like opening accounts and calculating compensation, legal requirements around withholdings, deductions, and documentation. Labour laws around minimum wage, hours of work, overtime, holidays and leaves are examined. Guidelines are provided for hiring and termination processes and ensuring proper payment.
Exempt Employee Determinations and Misclassification of WorkersRachel Hamilton
This document summarizes key topics from the 22nd National Forum on Wage & Hour Claims and Class Actions including expected changes to overtime regulations and exemptions. Likely proposals from the Obama administration include increasing the minimum salary level required for exempt employees, limiting non-exempt work to 50% of an employee's time, and modifying duties tests for specific exemptions. Courts are also actively addressing the application of exemptions.
2018 Department Of Labor Rules and Surprise VisitsEPAY Systems
Companies can run into major problems if they aren’t up to date on the latest U.S. Department of Labor wage and hour rules. The Wage and Hour Division of the Department of Labor has an enormous impact on the interpretation and enforcement of the FLSA. On the state and local level, agencies play a large role in enforcing the wave of cutting-edge wage laws related to predictive scheduling, minimum wage, and sick time.
With many surprise visits and updates to the Department of Labor rules, it is important to align your company’s compliance goals with what we believe to be the current priorities of the Department of Labor and state and local agencies.
Join EPAY Systems and Seyfarth Shaw as we dive into practical advice that can be used to tackle a government wage and hour audit. Don’t wait until the government knocks on your company’s door before learning about the nuts and bolts of state and federal wage and hour agencies. Watch the webinar now.
1. The DOL has proposed doubling the salary threshold for exempt employees from $23,660 to $50,440 annually and indexing it annually. It did not propose changes to the duties tests.
2. There is a 60-day comment period on the proposed rules which ended in September 2015. Over 250,000 comments were submitted. The final rules are expected in Spring or Summer 2016.
3. Employers have several options for complying with the new rules such as raising salaries, limiting overtime, or changing how overtime is calculated.
Under the National Employment Standard, many workers are entitled to receive redundancy pay if let go from an organization. Businesses must understand the rules for redundancy pay in order to ensure they comply with Section 119 of the Fair Work Act 2009. The presentation discusses all you need to know about redundancy pay in Australia.
Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when payments are required, and what entitlements an employee should receive after a termination. We also advises clients on all issues related to the Fair Work Act, including severance and redundancy pay. Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can provide assistance with issues arising from employee termination.
The document discusses the major provisions of the Fair Labor Standards Act (FLSA), including coverage, minimum wage, overtime pay, recordkeeping, and exemptions. It provides details on:
- The FLSA applies to over 130 million workers through enterprise coverage of businesses doing at least $500,000 in annual sales or individual coverage.
- The minimum wage is currently set at $7.25 per hour and must be paid to covered, non-exempt employees for all hours worked.
- Overtime pay at 1.5 times the regular rate of pay is required for hours worked over 40 in a workweek by covered, non-exempt employees.
- Various exemptions exist including the "white collar" exemption
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
This document outlines the schedule and topics to be covered in a payroll law seminar presented by Wade Farquhar. The day-long seminar will cover topics such as employment standards, payroll documentation requirements, determining worker status, and federal/provincial jurisdiction over payroll regulations. Breaks are scheduled throughout the day with lunch from 12:00-1:00 and the seminar will conclude with evaluations being distributed at 3:50 and dismissal at 4:00.
What You Need to Know about the Patient Protection & Affordable Care Act (Upd...Jackson White, P.C.
The document discusses key provisions of the Affordable Care Act that employers need to be aware of, including extended coverage standards, non-discrimination standards, and shared responsibility standards. It explains that employers with 50 or more full-time employees that do not offer affordable, minimum essential coverage will face penalties, while individuals without coverage may be assessed a penalty. The document provides details on ACA compliance requirements and outlines opportunities for employers to assess their compliance obligations.
This document summarizes key legal issues related to flexible work arrangements, particularly telecommuting. It discusses wage and hour laws regarding paying non-exempt telecommuting employees for all hours worked. It also addresses safety issues, ensuring a safe work environment, and workers' compensation coverage for injuries that occur at home. The document recommends policies and agreements to address potential legal risks regarding travel time, posting employment notices, and maintaining confidentiality when employees work remotely.
This document summarizes California labor law requirements regarding hours of work, overtime, and alternative workweek schedules. It discusses maximum and minimum hour rules, mandatory days off, travel time pay, meal and rest break rules, overtime exemptions, and the process for establishing an alternative workweek schedule through a secret ballot election of affected employees. It provides guidance on maintaining and repealing alternative schedules in compliance with state law.
This document provides an overview and summary of key compliance updates regarding wage and hour laws, including:
- Changes to overtime exemptions under the Fair Labor Standards Act that will raise the minimum salary threshold for exempt employees.
- Requirements under California law for meal periods, rest breaks, minimum wage, and overtime pay.
- The California Fair Pay Act, which aims to address gender pay disparities.
- Potential future requirements from the EEOC to report pay data in an effort to uncover pay discrimination.
- Best practices for developing accurate and legally compliant job descriptions.
Similar to Calculating Overtime Correctly under the Fair Labor Standards Act (FLSA) (20)
In today’s dynamic business world, it is imperative to be able to react proactively to changes in the macro and micro environments with a strategy for all of your business’s investments, including their most important and largest asset, their employees. In their workforce planning efforts, C-suite leaders have to plan for critical roles and competencies that address the demand for candidates and ensure it aligns with the company’s business strategy.
Join us for the webinar, Strategic Workforce Planning: Where HR and Finance Meet, to learn how Oracle’s Strategic Workforce Planning Cloud Service (SWPCS) can help today’s HR leaders align future human capital needs with future strategic decisions of the C-suite. SWPCS provides the ability to visualize scenarios with an infinite amount of options to help determine the best approach to both tactical and strategic decisions. Learn how your organization can benefit from resource efficiency, global strategy alignment and cross-departmental collaboration through SWPCS.
What Attendees Will Learn:
The steps and best practices on how to execute Strategic Workforce Planning in your organization.
How human resources can collaborate with finance departments to align future human capital needs with future strategic decisions of the business.
How to use the tool to identify current skill gaps and forecast future workforce needs.
Examples of what-if scenarios with data and input from the HR and Finance management systems that can help prepare for the unexpected and establish action plans.
This event is co-hosted by Baker Tilly and Oracle. By clicking the ‘Register’ button, Baker Tilly and Oracle will have access to your personal information, and all may communicate with you regarding this event and their other products and services. Each party will be responsible for managing their own use of your personal information. We recommend you review the privacy policies of Baker Tilly and Oracle to address any questions you have regarding their handling of your personal information.
ADDRESSING THE SKILLS GAP BY IDENTIFYING, DEVELOPING, AND REWARDING LIFELONG ...Human Capital Media
Organizations are struggling to find skilled workers to fill jobs. Workers are struggling to stay up to speed on the skills they need to succeed in today’s labour market. Students are graduating with skills that are already obsolete. Despite this, there is massive voluntary turnover happening across industries as employees seek jobs that offer them education and growth opportunities. Businesses and educators today need to invest in workforce learning and development in order to stay relevant and prepared for a rapidly changing economy. Employers need to work with education institutions to recruit, develop, and retain lifelong learners who have the capacity and desire to upskill and reskill over the course of their careers.
In this webinar:
Explore the skills gap facing organizations today
Analyze the role of workforce and educators in solving the skills gap
Learn how to identify lifelong learners who will be able to upskill and reskill over time
Discover strategies for effectively rewarding and encouraging lifelong learning at your organization
This document summarizes key trends in employee experience from a 2020 global study. The top 3 trends are: 1) Feedback matters - having feedback programs boosts engagement; 2) Change is constant - listening during times of change is important; 3) Managers and learning & development matter - investing in managers and L&D improves engagement and retention. Examples are given showing the impact of acting on feedback, empowering employees during change, and providing learning opportunities. Overall it stresses the importance of listening to employees, acting on insights, and supporting managers and professional growth to drive engagement.
2020 is the year that accelerates HR’s focus on supporting the changing nature of work. We see the convergence of trends in people analytics, employee experience and the race to embrace digital strategies in every industry. Nobody disputes that the future of work is being shaped by what many call the Fourth Industrial Revolution.
Join Paul Rubenstein, Chief People Officer, Visier and Ravin Jesuthasan, Author and Managing Director, Willis Tower Watson as they explore the role that HR leaders will play in supporting business and talent outcomes.
We will dive into the new expectations of HR’s capabilities around technology and people science and examine practical insights drawn from Willis Towers Watson’s new white paper HR4.0: Shaping People Strategies in the Fourth Industrial Revolution. This will include a discussion of case studies and experiments from organizations who are breaking new ground in the use of analytics, assessment science, talent management techniques and other practices as their HR functions shift from being stewards of employment to being stewards of work.
IS IT TIME TO RESHAPE YOUR LEADERSHIP DEVELOPMENT STRATEGY?Human Capital Media
Leadership development today is not delivering on board level expectations and research shows there are issues in developing leaders just-in-time and in a consistent and cost-effective way. There’s a growing need for organizations to completely rethink how they develop their leaders. This session will demonstrate how leadership development can deliver on its promise and how you can tune your LD-strategy and offer tomorrow’s needs.
The learning objectives for this interactive session are:
Understand the current state of leadership development in organizations
Explore the reasons why LD often fails today
Provide a leadership development framework to enable performance for all leader
Review key metrics and enablers for leadership development
MEASURING THE BUSINESS IMPACT OF LEARNING: WHAT WE’VE LEARNEDHuman Capital Media
The ‘Measuring the Business Impact of Learning’ benchmarking survey, conducted by LEO Learning and Watershed (on behalf of Learning Technologies Group) is entering its fourth year. With the survey launching on November 1st and closing on December 13th, LEO Learning and Watershed are holding a webinar to reflect on the results so far, plus discuss how organizations they’re working with have overcome the barriers in measurement planning and implementation. The insights are drawn from their group experience working with a range of clients in this field and should be valuable for anyone who wants to get going in learning analytics and sustainable business impact assessment.
Join your hosts as they cover the state of the world of measurement, and you’ll receive:
An understanding of how well-known organizations have overcome the barriers in measurement planning and implementation.
Real-world examples of how to get management buy-in, designing for data, building data ecosystems, implementing a learning analytics strategy and more.
The opportunity to take this years ‘Measuring the Business Impact of Learning’ survey, and see the results coming in live!
EMPOWER A CAREER JOURNEY: FOSTER YOUR WORKFORCE’S GROWTH AND DEVELOPMENTHuman Capital Media
Learning and development is critical to an organization, if you don't help the workforce learn and grow in their jobs and their roles, they're not going to be engaged in their positions. Join Ryan Rippy, Talent Management System Administrator at Trustmark Bank as he discusses the challenges of taking a manual process and automating it to achieve business goals and track performance across roles - using succession planning to create a talent pipeline for key positions and developing all associates along their journey.
By the conclusion of the webinar, you’ll leave with:
Ways to help your workforce be engaged in their jobs and be engaged as employees
The benefits a succession plan has to your organization and your employees
Effective LMS strategies to integrate talent modules
View successful metrics and how it begins with onboarding through performance management and into development
STRATEGY + TECHNOLOGY A WINNING COMBINATION FOR EFFECTIVE LEARNING MEASUREMENTHuman Capital Media
How do you know if your learning program is really working?
Proper course tracking and sharing of learning data can help organizations develop best practices for how organizations measure the impact of learning. When historically, tools and systems haven’t made it easy to access and correlate data in order to measure, finding the right combination of strategy and technology can help optimize learning results to increase performance and impact business outcomes across the entire organization.
In this webinar you will learn about:
Best practices for measuring and optimizing learning programs.
Learning tools that improve workflow efficiency.
Expanding L&D value across the enterprise to drive results.
In this age of digital transformation, the speed of business propels at breakneck pace. Thirty years ago, companies moved much slower, akin to a Class-II whitewater rapid. The executives at the helm of the lead boat negotiated the rapids dragging everyone else behind in another boat. Support functions and many individuals definitely didn’t have a place in the lead boat, but it didn’t matter much, as the convoy still succeeded moving at a manageable pace.
But today, companies demand agility, responsiveness, and foresight as they traverse dangerous Class-VI rapids. Insufficient or ineffective communication fostered or hindered by Relevancy of individuals and Teams across all disciplines leaves your organization perched precariously on the edge of a major crisis, potentially provoking financial catastrophe, deteriorating customer loyalty, and brand presence.
Damage comes in more insidious forms as well, including the repercussions of ineffective production and communication, or the cancer of a toxic organizational culture. Despite these treacherous waters, we are still often not asked to be part of the lead boat. Pat Bodin, the best-selling author of Get in the Boat: A Journey to Relevance, will discuss organizational relevance and actionable items to give you the opportunity to earn a seat in the lead boat.
Impacts of Organizational Relevance include:
For the Individual:
Elevates their awareness of the needs of all groups within the organization
Broadens their visibility to the core operations in support of its’ needs
Creates improved job satisfaction and belonging
For the Organization:
Strengthens the working relationships across all disciplines and improves retention
Fosters Talent Development
Drives performance through common focus between individuals and groups
THE AGILITY SHIFT: T-MOBILE DEVELOPS LEADERS FOR A VUCA WORLDHuman Capital Media
A volatile, uncertain, complex, ambiguous (VUCA) workplace requires a distinct set of leadership competencies: non-hierarchical influence, the ability to rapidly align across functions, creativity for drawing insights across domains, and most of all, “empathy,” the linchpin leadership skill in the modern workplace. Empathy allows us to imagine the world from different perspectives, unite across functions, generations, regions. Join Melissa Lanier of T-Mobile to learn about “The Agility Shift,” an award-winning leader development offering designed to equip people managers to thrive in an uncertain, complex, and ambiguous environment. The program, which will utilize cutting-edge virtual simulation technology, is designed to help leaders respond quickly and increase resilience by immersively preparing them for stressful encounters. Impact is measured on an individual, function and business level. Collectively, managers report learning how to “avoid tunnel vision,” "think on their feet," “respond rather than react” and embrace a positive mindset.
FUTUREPROOF YOUR ORGANIZATION: SUCCESSION PLANNING IN THE SKILLS ECONOMYHuman Capital Media
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow, releases endorphins, and promotes changes in the brain which help enhance one's emotional well-being and mental clarity.
Many companies seem to have fallen victim to the ominous skills gap – but only because they’ve found it’s easier to place blame somewhere than to look at what they can do to fix it. If you’re struggling to find qualified candidates, you might need to take a deeper look at your organization and ask some pointed questions. Are there areas of the recruiting process that are lending to skill gaps? Have you done a formal assessment to uncover skill gaps? Are you using modern learning methods to bridge gaps by upskilling your current workforce?
Join Katie Miller from BizLibrary as we re-evaluate potential root causes of your organization’s skill gaps and discuss what can be done to fill them efficiently.
In this webinar, you’ll learn:
The factors that could be contributing to your skill gaps, and how to find and address the root causes
How to re-evaluate what a “qualified candidate” is in order to create more relevant and realistic talent expectations
How to start uncovering your organization’s skill gaps with a formal assessment
How to use modern training methods to bridge skill gaps by upskilling your workforce
Behind every successful organization is a great team of leaders. But despite billions of dollars spent each year on leadership development programs most companies are still failing their next generation of emerging leaders. In fact, according to Gallup, 50% of attrition is due to poor managers––which makes that the biggest driver of employee disengagement.
So why are leadership development programs failing? And how can we fix it?
Join us for a live webinar where we discuss reasons these programs fail and how to keep your leadership development on track. We’ll explore:
How to identify who should be a leader in the first place
The big, pervasive problem with leadership development
What to do with great employees who might not be cut out for management
The best traits to bring out of your emerging leaders
And more!
Design Thinking is getting a lot of attention today, for many reasons. Innovation is the key to reinvention, which is the goal of organization’s who are looking to future-proof and define themselves as leaders in the Experience Economy. Join Kristin Shackleford for a practical discussion to review the core principles of Design Thinking, and walk away with insight around:
Why it’s important
Who should participate
How to create a culture of Design Thinking
Practical ways to get started driving creativity and innovation that will make a difference to your customers and within your organization
REACHING THE BLUE COLLAR WORKFORCE: HOW POLARIS DEVELOPS TALENT IN 2019Human Capital Media
Traditional L&D isn’t obsolete, but it has become outdated. That’s why we collected data from nearly 800 workers, managers, and leaders from around the globe to gain some insights into where L&D and talent leaders can be more effective. The survey says…..L&D is falling short for the modern workforce. In fact, our respondents gave their employers an overall Net Promoter Score of -25 on their learning and development strategies. But many business leaders know this already. What they don’t know is how to fix it. The good news is that employees still love learning and they’re looking for organizational guidance. By honing in on the data and insights that impact how people — and companies — learn, you can make smarter investments in your most valuable assets: the skills of your people. Lucky for you, this event also includes a quick case study from Booking.com on how they are making this data come to life in their organization.
Register for this webinar to learn:
The difference between learning and acquiring new skills
How to apply hard metrics to your L&D strategy
How to align your employees’ learning goals with those of your larger company
How Polaris is putting the insights from the research to work at their organization
HIRING & FIRING AROUND THE WORLD: AVOID LEGAL TRIPWIRES IN THE TOP COUNTRIES ...Human Capital Media
The war for talent is heating up and businesses are smart to consider qualified, passionate candidates from around the world.
That said, hiring and firing in countries other than the U.S. comes with interesting (and often surprising) challenges.
In the U.S., companies can hire quickly as business entities are already established. They can fire quickly as well, so long as the reason isn’t illegal.
What many executive teams overlook is that this efficiency isn’t the same when expanding and adding team members globally. Internationally, hiring without setting up a subsidiary is impossible. And the concept of at-will employment, where companies can let go of employees at any time, does not exist.
What does this mean for your international expansion plans and your business? What would normally be an uneventful employment action or termination in the U.S. could blindside your company in an international context.
Navigating the intricacies of country-specific labor laws can feel like a minefield of potential legal exposure, expensive litigation, and costly payouts. It’s critical to be prepared before you make the first international hire.
In this webinar, you’ll learn:
3 things every HR lead needs to know when it’s time to hire globally
Surprising facts about employment law and benefits packages in EMEA, APAC and more
What U.S.-based HR teams need to know about the termination process in key expansion countries (and real stories from international HR specialists on the ground)
INNOVATION GENERATION: THE BIG HR TECH DISCONNECT WEBINARHuman Capital Media
Register for the webinar to hear:
From VP Proposition and Client solutions, Matthew Jackson about how organizations are driving the change needed for a competitive advantage.
Stephen Migliaccio, Director Global Provider Automation, share his thoughts on how HR technology and provider automation create a globally consistent employee experience.
James Knight, SVP Data and Analytics on how data and analytics is powering the future of HR.
Dont wait what 300 ld leaders have learned about building data fluencyHuman Capital Media
Data science and AI are impacting many industries globally, from healthcare and government to agriculture and finance. Everybody needs to be able to work with data the way everybody needed to start using email 20 years ago. As we wrote in Harvard Business Review, “Very few companies expect only professional writers to know how to write. So why ask only professional data scientists to understand and analyze data, at least at a basic level?”
But what value can data fluency actually add, what are best practices to build it into your organization, and what are the biggest challenges that businesses encounter in data-driven transformations?
To answer these questions and more, we conducted a survey of over 300 Learning and Development leaders from diverse industries including healthcare, technology, consumer goods, government, and finance. Join this webinar with Dr. Hugo Bowne-Anderson, a data scientist and educator at DataCamp, to find out what we discovered and what 300 L&D leaders have learned about building data fluency.
Learning Objectives:
What value can data fluency actually add?
What are the best practices to build data fluency in your organization?
What are the biggest challenges that businesses encounter in data-driven transformations?
As businesses become more technological (AI and robotics), there is a challenge and opportunity to, paradoxically, make them more human. The Business Roundtable talked about the importance of human stakeholders over just profit — but how close are we? Are those nice words? What would it take to make business and change more human? As a change, ethics and leadership expert with 40 years of experience, Paul Gibbons will talk us through conclusions from his new book “IMPACT.”
LEARNING OBJECTIVES:
1) Is the Fourth Industrial Revolution really "a thing?” What is it and what makes our time special?
2) What are the human implications of new technologies? Who will benefit? What is the potential harm?
3) What can workplaces and leaders do to equip themselves for these workplace transformations (future of work)?
The document promotes Ryan Berman and his company Courage Brands. It introduces Berman as the creator of Courage Brands and author of the book "Return on Courage". Berman helps brands build courage through storytelling and consulting. He has worked with major companies and founded Sock Problems, a sock brand that donates to causes. Courage Brands aims to help companies liberate themselves from fears through holistic internal and external change.
Becoming Relentlessly Human-Centred in an AI World - Erin Patchell - SocialHR...SocialHRCamp
Speaker: Erin Patchell
Imagine a world where the needs, experiences, and well-being of people— employees and customers — are the focus of integrating technology into our businesses. As HR professionals, what tools exist to leverage AI and technology as a force for both people and profit? How do we influence a culture that takes a human-centred lens?
Start Smart: Learning the Ropes of AI for HR - Celine Maasland - SocialHRCamp...SocialHRCamp
Speaker: Celine Maasland
In this session, we’ll demystify the process of integrating artificial intelligence into everyday HR tasks. This presentation will guide HR professionals through the initial steps of identifying AI opportunities, choosing the right tools, and effectively implementing technology to streamline operations. Additionally, we’ll delve into the specialized skill of prompt engineering, demonstrating how to craft precise prompts to enhance interactions between AI systems and employees. Whether you’re new to AI or looking to refine some of your existing strategies, this session will equip you with the knowledge and tools to harness AI’s potential in transforming HR functions.
Your Guide To Finding The Perfect Part-Time JobSnapJob
Part-time workers account for a significant part of the workforce, including individuals of all ages. A lot of industries hire part-time workers in different capacities, including temporary or seasonal openings, ranging from managerial to entry-level positions. However, many people still doubt taking on these roles and wonder how a temporary part-time job can help them achieve their long-term goals.
Building Meaningful Talent Communities with AI - Heather Pysklywec - SocialHR...SocialHRCamp
Speaker: Heather Pysklywec
Digital transformation has transformed the talent acquisition landscape over the past ten years. Now, with the introduction of artificial intelligence, HR professionals are faced with a new suite of tools to choose from. The question remains, where to start, what to be aware of, and what tools will complement the talent acquisition strategy of the organization? This session will give a summary of helpful AI tools in the industry, explain how they can fit into existing systems, and encourage attendees to explore if AI tools can improve their process.
Watch this expert-led webinar to learn effective tactics that high-volume hiring teams can use right now to attract top talent into their pipeline faster.
Accelerating AI Integration with Collaborative Learning - Kinga Petrovai - So...SocialHRCamp
Speaker: Kinga Petrovai
You have the new AI tools, but how can you help your team use them to their full potential? As technology is changing daily, it’s hard to learn and keep up with the latest developments. Help your team amplify their learning with a new collaborative learning approach called the Learning Hive.
This session outlines the Learning Hive approach that sets up collaborations that foster great learning without the need for L&D to produce content. The Learning Hive enables effective knowledge sharing where employees learn from each other and apply this learning to their work, all while building stronger community bonds. This approach amplifies the impact of other learning resources and fosters a culture of continuous learning within the organization.
How to Leverage AI to Boost Employee Wellness - Lydia Di Francesco - SocialHR...SocialHRCamp
Speaker: Lydia Di Francesco
In this workshop, participants will delve into the realm of AI and its profound potential to revolutionize employee wellness initiatives. From stress management to fostering work-life harmony, AI offers a myriad of innovative tools and strategies that can significantly enhance the wellbeing of employees in any organization. Attendees will learn how to effectively leverage AI technologies to cultivate a healthier, happier, and more productive workforce. Whether it's utilizing AI-powered chatbots for mental health support, implementing data analytics to identify internal, systemic risk factors, or deploying personalized wellness apps, this workshop will equip participants with actionable insights and best practices to harness the power of AI for boosting employee wellness. Join us and discover how AI can be a strategic partner towards a culture of wellbeing and resilience in the workplace.
AI Considerations in HR Governance - Shahzad Khan - SocialHRCamp Ottawa 2024SocialHRCamp
Speaker: Shahzad Khan
This session on "AI Considerations in Human Resources Governance" explores the integration of Artificial Intelligence (AI) into HR practices, examining its history, current applications, and the governance issues it raises. A framework to view Government in modern organizations is provided, along with the transformation and key considerations associated with each element of this framework, drawing lessons from other AI projects to illustrate these aspects. We then dive into AI's use in resume screening, talent acquisition, employee retention, and predictive analytics for workforce management. Highlighting modern governance challenges, it addresses AI's impact on the gig economy as well as DEI. We then conclude with future trends in AI for HR, offering strategic recommendations for incorporating AI in HR governance.
AI Considerations in HR Governance - Shahzad Khan - SocialHRCamp Ottawa 2024
Calculating Overtime Correctly under the Fair Labor Standards Act (FLSA)
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Calculating Overtime Correctly under the Fair
Labor Standards Act (FLSA)
2. #WFwebinar
Speaker: Susan Fahey Desmond
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Jackson Lewis P.C.
Moderator: Jim Manfield
Solution Consultant
Kronos Incorporated
Calculating Overtime Correctly under
the Fair Labor Standards Act (FLSA)
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Frequently Asked Questions
13. Disclaimer
• This presentation and its accompanying materials are
for informational purposes only and should not be used
as a substitute for legal advice on a particular. Ms.
Desmond specifically does not intend to create an
attorney-client relationship by presenting this material
and/or answering questions from attendees.
14. What is Working Time?
• Time spent for the employer's benefit;
• Time controlled by the employer;
• Work time that is “suffered or permitted” by the
employer; or
• Time spent doing an activity requested by the employer.
15. Unauthorized Overtime
• Employers must compensate employees for
unauthorized work when an employer "suffers or
permits" employee to work;
• An employer suffers or permits an employee to work
where the employer knew or had reason to believe the
employee was performing work.
• Note: Employers are free to discipline employees for
unauthorized work.
16. Rest or Meal Periods
• A rest period of more than twenty minutes will not be
considered compensable if:
• The employee is free to leave the job site;
• The rest period is long enough to allow the employee
freedom to do as he pleases; and
• There is no attempt to evade the FLSA.
17. Breastfeeding Breaks
• Under the Affordable Care Act, all employers must
provide reasonable breaks to female employees who
need to express milk until her child is one year old.
• Breaks for the purposes of expressing milk is not
compensable working time – even if it is under 20
minutes.
• Only applies to non-exempt employees.
18. Sleeping Time
• Two general FLSA policies regarding the compensability
of sleeping time. Sleeping time is considered to be
compensable working time for employees who work
shifts of less than 24 hours.
• Time spent sleeping is not considered compensable
time for employees whose shifts last 24 hours or longer
if:
• An express or implied agreement excluding sleep
time exists;
• Adequate sleeping facilities are furnished; and
• At least five hours of sleep is possible during the
scheduled sleeping periods.
19. Medical Examinations
• Time spent by an employee waiting for and receiving
medical attention on the premises or at the direction of
the employer during the employee's normal working
hours constitutes hours worked.
20. Training and Meeting Time
• Included in working time unless:
• Attendance is outside the employee's regular work
hours;
• Attendance is voluntary;
• The training or meeting is not directly related to the
employee's job; and
• The employee does not perform any productive work
during such attendance.
21. On Call Time
• An employee who is required to remain on-call on the
employer’s premises or so close thereto that he/she
cannot use the time effectively for his/her own purposes
is working while “on-call.”
• An employee who is not required to remain on the
premises but is merely required to leave word at his/her
home or with company officials where he/she may be
reached is not working while on-call.
22. Overnight Travel
• Travel time during employee's normal working hours is
compensable.
• Travel time on Saturdays, Sundays and holidays which
corresponds to an employee's normal working hours is
compensable.
23. Off the Clock Work
• Starting work before clocking in.
• Clocking out but continuing to work.
• Working during meal periods.
• Unauthorized overtime "off the clock."
• Working at home.
• "Make-up" time.
24. Donning and Doffing Principles
• Preparatory activities are generally not compensable
unless:
• The work being performed is an integral and
indispensable part of an employee’s
principal duties or required by the employer,
CBA, industry, or laws.
25. Donning and Doffing Principles
• Franklin v. Kellogg Co. (6th Cir. 2010) -- "[B]ecause the
uniform and equipment ensures sanitary working
conditions and untainted products," donning and doffing
primarily benefited the employer.
• Helmert v. Butterball (E.D. Ark. 2011) -- “No reasonable
jury could find that an activity essential to prevent food
contamination in a poultry processing plant primarily
benefits the employees of the plant rather than the
employer.”
26. Collective Bargaining Agreements
• Exclusion from “hours worked” – CBA agreement or
practice can exclude time spent “changing clothes and
washing” at “beginning and end of workday”
• Issues:
• Define “clothes” – Sandifer v. U.S. Steel (2014) (broad)
• Define “washing” (just the person, or other items too?)
• Define “workday” – Mitchell v. JCG (7th Cir. 2014) (split)
• Does excluded D&D time still render the walking
compensable?
• Franklin v. Kellogg (6th Cir. 2010) (yes)
• Adair v. ConAgra (8th Cir. 2013) (no)
27. Sandifer v. U.S. Steel (Supreme Court 2014)
• Defined “clothes” broadly – the fact that an item has a
protective purpose does not exclude it from “clothing.”
• Announced new way of assessing excluded time, when
employees don both clothing and non-clothing items: is
“vast majority” of the D&D time spent donning clothes?
• Requires review of existing assumptions under CBAs.
28. Telecommuting
• The FLSA contemplates remote work arrangements
where recordkeeping is a problem.
• Since remote employees can often engage in “private
pursuits” such as eating, sleeping and other non-work
related activities, the DOL will allow the employer and
employee to negotiate “any reasonable agreement” of
working hours in light of all relevant facts.
29. Determining the Workweek
• “Workday” is a consecutive 24
hour period beginning at the same
time each calendar day. It must
be defined and POSTED
• “Workweek” is a fixed and
regularly recurring period of 168
consecutive hours (seven 24 hour
periods). It must be defined and
POSTED.
30. 7(k) Agreements
• Public employers may pay police officers and fire detail
employees by a 7(k) arrangement.
• Under the 7(k) exemption, the public entity looks at a 28
day period rather than the traditional seven day period.
• Police officers: 171/28
• Fire detail employees: 212/28
31. Hospitals 8/80
• Hospitals may compensate employees based on an
8/80 plan.
• Under an 8/80 plan, the employer must pay overtime for
any hours worked over 8 in a day or over 80 in a
fourteen day period.
• Advantage is that the hospital looks at a fourteen day
period rather than a seven day period.
32. What is Included in the Regular Rate of Pay?
• Includes:
• Hourly earnings
• Salary
• Value of meals (unless exception)
• Commissions
• Non-discretionary bonuses (i.e., production bonus,
mandatory service charge)
• Controlled standby pay
• Piecework earnings
• Shift differentials
33. What is NOT Included in the Regular Rate of Pay?
• Discretionary bonuses
• Paid Time Off
• Holiday Pay
• Benefits
34. Hourly Employee (No Guaranteed Overtime)
• Regular Rate: Hourly rate
• Overtime Compensation: 1.5 x regular rate for the hours
worked past 40 hours per week
• Thus, if employee works 45 hours at an hourly rate of
$10.00/hr, he is entitled to $10/hr for all 45 hours plus
an extra $5/hr for the five ot hrs for a total of $475 for
the week.
35. Hourly Employee with a Bonus Example
• Regular rate includes the promised hourly rate plus any
non-discretionary payments.
• Example: Employee has an hourly rate of $10/hr. He
works 50 hrs during the workweek and also receives a
$100 production bonus.
• Calculation of Amount Owed: Ee’s total includable
compensation if 50 hrs x $10/hr, or $500 in straight
time pay, plus the $100 non-discretionary bonus for a
total of $600.
• Regular rate for this week is $600/50 hrs worked or
$12/hr. Ee is entitled to premium overtime pay of an
addtl $6 per overtime worked: 1.5 x $12/hour x 10
hours, equaling $60.00. Total amount owed: $660.00.
36. Employees Paid at Two or More Rates
• Example: $10.00/hour for Task A and $12.00/hour for
Task B
• 15 hours at Task A ($10.00/hr) = $150
• 35 hours at Task B ($12.00/hr) = $420
• Regular Rate: Total wages ÷ number of hours worked in
that workweek = $570 ÷ 50 = $11.40
• Overtime compensation: 1.5 x regular rate for hours
worked past 40 per workweek
37. “Salaried” Employees
• Salaried Employee (Weekly Salary)
• Regular Rate: (Salary) ÷ number of hours which the salary
is intended to compensate
• Overtime Compensation: 1.5 x regular rate for hours
worked past 40 hours per week
• Salaried Employee (paid semi-monthly for 40 hours of
work per week)
• Regular Rate: [(Salary) x 24) ÷ 52] ÷ 40
• Overtime Compensation: 1.5 x regular rate for hours
worked past 40 per week
38. Fluctuating Workweek
• Salaried Employee-Fluctuating Hours (paid monthly for
all hours worked)
• Regular Rate: [(Salary) x 12) ÷ 52] ÷ number of hours
worked in the workweek
• Overtime Compensation: ½ x regular rate for hours
worked past 40 per week
• Example: Ee works for a guaranteed weekly salary of
$600 which the Er and Ee understand agree covers
straight-time for all hours worked, whether the workweek
is shorter of longer than 40 hrs. Ee works 60 hrs in the
workweek. The regular rate is $600/60 or $10/hr. Ee is
entitled to premium overtime pay of .5 x $10/hr x 20 hrs
or $100.00 for a total weekly compensation of $700.
39. Piecework
• Piecework
• Regular Rate: Total earnings ÷ hours worked in a
particular workweek
• Overtime Compensation: 1.5 x regular rate for hours
worked in excess of 40
• Piecework Rate with Hourly Guarantee
• Regular Rate: Minimum hourly rate
• Overtime Compensation: ½ x regular rate for hours
worked past 40 per week
40. Day Rate
• Day Rates and Job Rates
• Regular Rate: (All sums received at day rate or job
rate in the workweek) ÷ total hours actually worked
• Overtime Compensation: 1.5 x regular rate for the
hours worked past 40 hours per week
41. Calculating Overtime with Bonuses/Commissions
• The regular bonus rate is found by dividing the bonus by
the total hours worked during the period to which the
bonus applies. The total hours worked for this purpose
will be all hours, including overtime hours.
• First, find the overtime due on the straight time rate.
Then, separately, compute overtime due on the
bonus/commission: find the regular bonus rate by
dividing the bonus by the total hours worked
throughout the period in which the
bonus/commission was earned.
• The employee will be entitled to an additional half of
the regular bonus rate for each time and one-half
hour worked and to an additional full amount of the
bonus rate for each double time hour, if any.
42. Commission Payments
• Commissioned Employees
• Paid on a workweek basis
• Regular Rate: (Commission + other earnings for that workweek) ÷
total number of hours worked in the workweek
• Overtime Compensation: 1.5 x regular rate for all hours worked in
excess of 40
• Deferred Payments
• Amount of Commission Allocated to Each Week: Commission ÷
(number of weeks it is intended to compensate)
• Adjusted Regular Rate: Wage (including commissions) ÷ number
of hours worked during the week.
• Overtime Compensation: Commissions allocated to each week x
(overtime hours ÷ (total hours x 2)) = additional half time owed on
the overtime hours.
43. Tipped Employees
• Regular Rate: Total weekly earnings ÷ number of hours
actually worked. Includes the amount of tip credit taken
by the employer; however, any tips received by the
employee in excess of the allowable tip credit are not
included in the regular rate. An employer may not take
a higher tip credit for an overtime hour than for a
straight time hour.
• Overtime Compensation: (Regular rate x 1.5) – tip credit
44. Regular Rate Minus Meals
• Rate per hour that excludes the cost of a meal if the
employer customarily furnishes not more than a single
meal per day. Employer omits from the employee’s
regular rate the cost of that meal. If the employer
customarily furnishes more than one meal a day, the
cost of all meals that the employer supplies must be
factored into the regular rate of pay and the overtime
compensation owed.
• If the employer supplies a free meal every day and also
occasionally pays “supper money” when the employee
works overtime, the cost of both the meal and the
supper money may be omitted from the overtime
compensation.
45. Fluctuating Workweek and Bonuses
• In April 2011, the DOL rejected a proposed amendment
to the FLSA regulations that allowed the payment of
bonuses and incentives under the fluctuating workweek
method.
• Subsequently, courts have held that an employer
violates the FLSA when it pays an additional bonus or
incentive but continues to use the fluctuating workweek
method for calculating overtime.
46. Most Common Overtime Violations
• Assuming that all employees paid a salary are not due
overtime
• Limiting the number of hours employees are allowed to
record
• Failing to include all pay required to be included in
calculating the regular rate for overtime
• Failing to add all hours worked in separate
establishments for the same employer when calculating
overtime due
• Making improper deductions from wages that cut into
the required minimum wage or overtime.
• Failure to pay overtime on non discretionary bonuses
• Failure to pay for tasks done before or after work
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