The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. It requires overtime pay of one and a half times the regular rate of pay for hours worked over 40 in a workweek. Noncompliance can result in substantial penalties and back wages owed. New FLSA regulations in 2004 modernized exemptions and increased the minimum salary level to qualify for exemption to $455 per week. An employee must pass both the salary level test and duties tests to be exempt from overtime.
From the ACA, upcoming changes to the FLSA, OSHA penalties, and other ongoing compliance issues, HR and compliance managers have a lot on their plate in 2016. Join us as we cover tips, best practices, and how to use technology to better manage these issues and more.
What: The Department of Labor’s New Proposed Overtime Standards – What Should I be doing?
Where: Via Webinar or In-Person at 9435 Waterstone Blvd, Cincinnati, Ohio 45249
Who: Julie Byrne (Frost Brown Todd) and Amy Ramsey (IronRoad)
IronRoad will now offer monthly sessions open to all! More to come. Our goals are to educate on topics you care about, build meaningful relationships, and provide connection opportunities.
Objectives:
Participants will be provided knowledge of the DOL proposal and changes to the Fair Labor Standards Act
Participants will be able to identify how this will effect their business
Participants will gain practical strategies for how to implement the changes in their business and which strategies will work best for their business
Participants will be provided with a plan of support and partnership from IronRoad as their business undergoes these changes
Who Should Attend:
If you are a business owner or decision maker with employee wages
If you currently have employees that are salary (“exempt”) that are making less than $47,476 annually
If you do not have policies regarding overtime pay for hourly (“non-exempt”) employees
From the ACA, upcoming changes to the FLSA, OSHA penalties, and other ongoing compliance issues, HR and compliance managers have a lot on their plate in 2016. Join us as we cover tips, best practices, and how to use technology to better manage these issues and more.
What: The Department of Labor’s New Proposed Overtime Standards – What Should I be doing?
Where: Via Webinar or In-Person at 9435 Waterstone Blvd, Cincinnati, Ohio 45249
Who: Julie Byrne (Frost Brown Todd) and Amy Ramsey (IronRoad)
IronRoad will now offer monthly sessions open to all! More to come. Our goals are to educate on topics you care about, build meaningful relationships, and provide connection opportunities.
Objectives:
Participants will be provided knowledge of the DOL proposal and changes to the Fair Labor Standards Act
Participants will be able to identify how this will effect their business
Participants will gain practical strategies for how to implement the changes in their business and which strategies will work best for their business
Participants will be provided with a plan of support and partnership from IronRoad as their business undergoes these changes
Who Should Attend:
If you are a business owner or decision maker with employee wages
If you currently have employees that are salary (“exempt”) that are making less than $47,476 annually
If you do not have policies regarding overtime pay for hourly (“non-exempt”) employees
Overview of the Fair Labor Standards Act, including how to differentiate between exempt and non-exempt employees, reporting requirements, overtime and minimum wage, and more.
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/
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
An Employer Guide: DOL's New Overtime Exemption RulesHNI Risk Services
In May 2016, the Department of Labor announced revised regulations which affect the Fair Labor Standards Act’s “white collar” overtime exemptions. The new regulations increase the salary threshold needed to qualify for overtime exemption from $455/week ($23,600 per year) to $913/week ($47,476/year).
The DOL has made its first major revision to the long-awaited ruling on overtime exemption rules since 2004. This major change will result in many employees gaining eligibility for overtime pay and force employers to make difficult decisions regarding their employees who have now become overtime eligible.
This presentation will provide an overview of the Department of Labor’s new overtime exemption rules including the new salary requirements for exempt employees, options for compliance, and re-classifying employees who are no longer exempt. Are you ready for the December 1, 2016 deadline?
Legal tips and traps in compliance with wage and hour laws, who are exempt from minimum wage and overtime, how overtime is calculated, how regular hourly rate is calculated, and independent contractor issues
Do you find the TUPE Regulations a minefield?
Do you despair at the thought of having to grapple with potential TUPE issues in your organisation?
This recorded webinar will help guide you through the TUPE Legislation leaving you with a clearer understanding of:
The situations where TUPE will apply
The main principles and obligations arising from TUPE
The automatic transfer principle
Obligations to inform and consult
Potential liability and claims that an organisation could face for failing to comply with the TUPE legislation
This webinar will provide practical and straightforward advice and tips to help you understand TUPE legislation and what this means for your business. It will appeal to HR Management and Business Owners and there will be time at the end for questions. Please use the prompt when registering if you have a particular question you would like Caroline to answer.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
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.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Powerpoint presentation to the 2011 annual conference of American Agents Alliance (Palm Springs, CA; September 29-30). Presentation by Steve L. Simas, Simas & Associates, Ltd.
On May 18, 2016, the Obama administration announced the publication of the U.S. Department of Labor’s final overtime rule under the Fair Labor Standards Act. The final rule, which will become effective December 1, 2016, is comprised of several key elements, outlined here by Tom Revnew.
On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA).
The final rule increases the salary an employee must be paid in order to qualify for a white collar exemption. The required salary level is increased to $47,476 per year and will be automatically updated every three years. The final rule does not modify the duties test employees must meet to qualify for a white collar exemption.
Overview of the Fair Labor Standards Act, including how to differentiate between exempt and non-exempt employees, reporting requirements, overtime and minimum wage, and more.
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/
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
An Employer Guide: DOL's New Overtime Exemption RulesHNI Risk Services
In May 2016, the Department of Labor announced revised regulations which affect the Fair Labor Standards Act’s “white collar” overtime exemptions. The new regulations increase the salary threshold needed to qualify for overtime exemption from $455/week ($23,600 per year) to $913/week ($47,476/year).
The DOL has made its first major revision to the long-awaited ruling on overtime exemption rules since 2004. This major change will result in many employees gaining eligibility for overtime pay and force employers to make difficult decisions regarding their employees who have now become overtime eligible.
This presentation will provide an overview of the Department of Labor’s new overtime exemption rules including the new salary requirements for exempt employees, options for compliance, and re-classifying employees who are no longer exempt. Are you ready for the December 1, 2016 deadline?
Legal tips and traps in compliance with wage and hour laws, who are exempt from minimum wage and overtime, how overtime is calculated, how regular hourly rate is calculated, and independent contractor issues
Do you find the TUPE Regulations a minefield?
Do you despair at the thought of having to grapple with potential TUPE issues in your organisation?
This recorded webinar will help guide you through the TUPE Legislation leaving you with a clearer understanding of:
The situations where TUPE will apply
The main principles and obligations arising from TUPE
The automatic transfer principle
Obligations to inform and consult
Potential liability and claims that an organisation could face for failing to comply with the TUPE legislation
This webinar will provide practical and straightforward advice and tips to help you understand TUPE legislation and what this means for your business. It will appeal to HR Management and Business Owners and there will be time at the end for questions. Please use the prompt when registering if you have a particular question you would like Caroline to answer.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
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.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Powerpoint presentation to the 2011 annual conference of American Agents Alliance (Palm Springs, CA; September 29-30). Presentation by Steve L. Simas, Simas & Associates, Ltd.
On May 18, 2016, the Obama administration announced the publication of the U.S. Department of Labor’s final overtime rule under the Fair Labor Standards Act. The final rule, which will become effective December 1, 2016, is comprised of several key elements, outlined here by Tom Revnew.
On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA).
The final rule increases the salary an employee must be paid in order to qualify for a white collar exemption. The required salary level is increased to $47,476 per year and will be automatically updated every three years. The final rule does not modify the duties test employees must meet to qualify for a white collar exemption.
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
• What revamped DOL regulations regarding overtime pay and the white-collar exemptions could mean for how employers evaluate and classify exempt jobs;
• The most likely job classifications/duties that could spark scrutiny by the DOL and the courts—now and going forward—for overtime exemption misclassifications;
• Practical tips for how to tell if employer’s exemption classifications are in need of an overhaul under current FLSA regulations;
• The legal risks of designating employees as independent contractors and recent cases illustrating the key trouble spots that could lead to costly lawsuits and settlements; and
• How to evaluate and reduce liability related to payroll policies, including best practices for ramping up audits of overtime exemption and independent contractor classifications.
Mandatory Employee Leave: An In-Depth Analysis of State and Local LawsComplyRight, Inc.
Did you know that numerous states and cities have passed laws granting leave for workers to address certain health and family-related issues? And that many local governments mandate paid time off for being sick? Requiring employers to provide time off for employees is a growing trend, and it shows no signs of slowing down.
Mainly due to inaction at the federal level, many states and local governments have stepped up to grant employees time off in specific circumstances. These laws vary greatly from how much leave is allowed, how the time off is accrued, when employees can begin to use leave, and if the time can be carried over from year to year.
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps an employer will need to take to meet the new rules.
FLSA Exemptions Explained: Non-Exempt vs. Exempt Workerslawsuitlegal
Confused by all the talk of Overtime rule changes for paying overtime?
You aren't alone...
It's a mess. After the Texas court determined the Dept. of Labor overtime rule changes was an overreach it put on hold a number of sweeping changes.
It created a number of uncertainties for employers and employees alike when trying to determine which workers qualify for overtime pay, and which don't.
Federal law under the FLSA dictates which employees are considered exempt from the rules and which are non-exempt.
This presentation explains some of the important tests you can apply to help classify whether employees are exempt or not.
However, don't pretend this presentation is all you need to simplify what is a complicated case-by-case determination. State laws further complicate the matter, with many across the country supplementing federal law and providing additional protections in the workplace.
Employment law will continue to be tricky business, so if you find yourself in an employment situation of your own. Be sure to reach out and connect with a qualified labor lawyer to get the answers you need.
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and healthcare employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps a healthcare employer will need to take to meet the new rules.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
On June 30, The U.S. Department of Labor issued long-awaited proposed changes to overtime pay rules. If implemented, the proposed rule would increase the minimum salary for exempt status and make millions more workers eligible for overtime. This article explains the current requirements, as well as the path the proposed rule needs to take in order to become a final rule that could go into effect in 2016 or later.
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
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC presented three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This is the first event - Current Trends in Government Investigations - held on July 23, 2014 at the Frisco Chamber of Commerce, Frisco, Texas.
2. Fair Labor Standards Act
Signed into law in 1938 by President Roosevelt …
Basic framework for the treatment of employees:
Minimum wage
Equal pay
Child labor standards
Recordkeeping
Overtime pay
Principles of employee protections that continue today
3. Fair Labor Standards Act
Most misunderstood provision governs overtime pay
Requires that most employees be paid “overtime” for
hours worked in excess of 40 hours in a work week …
Overtime = excess of 40 hours in a work week
Overtime = one and one-half times “regular rate of pay”
Regular rate of pay = includes all remuneration
Certain employees may be exempted from overtime pay
4. Fair Labor Standards Act
Noncompliance can be costly
During FY 2003, the DOL concluded FLSA
investigations on over 32,500 cases,
covering over 314,000 employees
Back wages collected totaled approximately $182 million
27% increase over the $141 million collected in FY 2002
5. Fair Labor Standards Act
Noncompliance can be costly
Two to three years’ back pay (doubled for willful violations)
Civil penalties = $1,100 per paycheck issued
Criminal penalties = $11,000 per violation
Attorney’s fees
Individual liability for managers responsible for pay
classifications and practices
DOL investigation is expensive, invasive, and disruptive
6. Fair Labor Standards Act
Noncompliance can be costly
Example: 30 employees improperly classified as exempt; average unpaid
overtime per employee per year = $4,000; willful FLSA violation
Penalties and Costs Amount
$4,000 x 30 employees x 3 years =
$360,000 x 2 (liquidated damages) $ 720,000
$1,100 x 72 pay periods x 30 employees $2,376,000
Attorneys’ fees, admin. costs, plus defense cost $ 200,000
30 x $11,000 per violation $ 330,000
Total cost of noncompliance $3,626,000
7. Fair Labor Standards Act
Noncompliance can be costly
UPS: $18 million for employees classified as exempt
Pacific Bell: $35 million for engineers
Farmers Insurance Exchanges: $90 for claims adjusters
University of New Mexico: $2 million for student admin.
RehabCare Group: $3 million for nurses, therapists, etc.
University of Phoenix: $3 million for admission counselors
City of Houston: $96 million for paramedics
8. Fair Labor Standards Act
New FLSA regulations were issued by the DOL on April 23, 2004,
to become effective on August 23, 2004
Prior regulations considered outdated and confusing
Many decades of case law and interpretive guidelines
Record-breaking enforcement fines and class actions
FLSA lawsuits outnumbered employment discrimination cases
New rules are to modernize the “white collar” exemptions
9.
10. Fair Labor Standards Act
FLSA overtime exemption, effective August 23, 2004
Based on a position-by-position review
All three of the following tests must be satisfied:
1. Salary Basis test --- must be paid a predetermined amount
2. Salary Level test --- must be paid a minimum weekly amount
3. Duties test --- must perform work on an exempt nature
Emphasis is on the evaluation of actual duties &
responsibilities --- the position’s primary duty(s)
11. Fair Labor Standards Act
FLSA overtime exemption --- Salary Basis test
Employee must be paid a predetermined, fixed
salary that is not subject to reductions due to
quality or quantity of work performed
New regulations allow for reduction of one or more full
days for violations of written workplace conduct rules
12. Fair Labor Standards Act
FLSA overtime exemption --- Salary Level test
Employee must be paid at least $455 per week
Clear obligation to pay overtime to all employees who earn
less than $455 per week … annual equivalent of $23,660
Salary level is not prorated for part-time employees
The Salary level test does not apply to bona fide lawyers,
doctors, or teachers
13. Fair Labor Standards Act
FLSA overtime exemption --- Duties test
Primary duty(s) must be consistent with one or more of the
following FLSA exempt types of work:
Executive duties
Administrative duties
Academic Administrative duties
Learned Professional duties
Creative Professional duties
Teachers at an educational institution
Certain Computer duties
Outside Sales duties
14. Fair Labor Standards Act
FLSA overtime exemption --- Duties test
Executive exemption
Primary duty of managing the enterprise or a recognized
department or subdivision AND
Direct the work of two or more full-time employees AND
Have authority to hire/fire or make recommendations of
significant weight to hire, fire, promote, etc.
15.
16. Fair Labor Standards Act
FLSA overtime exemption --- Duties test
Administrative exemption
Primary duty directly related to the management or
general business operations of the employer AND
Duties requires the employee to exercise discretion and
independent judgment with respect to matters of
significance
17.
18. Fair Labor Standards Act
FLSA overtime exemption --- Duties test
Learned Professional exemption
Primary duty must require advance knowledge in a field
of science or learning AND
Must be customarily acquired by a prolonged course of
specialized intellectual instruction
Restricted to professions in which specialized academic
training is a standard prerequisite
19.
20. Fair Labor Standards Act
FLSA overtime exemption --- Salary Level/Duties test
Streamlined duties test for employees with total
annual compensation of $100,000 or more
Who customarily and regularly perform at least one
of the exempt duties of an executive, administrative or
professional employee
Does not apply to computer, craftsmen, construction,
etc. employees