Understanding FLSA and Employee Elegibility
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Fortunately, this problem can be prevented if employers have a solid understanding of the Fair Labor Standards Act and how it applies to the employees in their organization. Join Rebecca Regard, a Human Resources Specialist with G&A Partners, for the "Understanding FLSA and Employee Eligibility" webinar on Tuesday, September 13th at 11am Central Standard Time. This webinar will focus on: •Avoiding wage and hour claims •Understanding FLSA •How to properly determine overtime eligibility This webinar was posted on September 13, 2011 and presented by Rebecca Regard.
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Understanding FLSA and Employee Elegibility
- 1. G&A Partners Presentation Presented by Rebecca Regard, MBA PHR
- 2. Important Notice • Not an attorney. • Not a substitute for experienced legal counsel. • Not provide legal advice.
- 3. What is FLSA? http://http://www.ere.net/2011/01/28/4-social-media-steps/ Fair Labor Standards Act (FLSA) Federal Law -Child Labor -Minimum Wage and Overtime Pay -Equal Pay Act
- 4. Who Does FLSA Affect? • More than 100 million workers • Both full-time and part-time • Private and public sectors. • Enterprises with employees who… • engage in interstate commerce • produce goods for interstate commerce • or handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce.
- 5. Who Does FLSA Affect? (con’t) • Domestic service workers • At least $1,400 in cash wages – from one employer – in a calendar year, or – more than eight hours a week for one or more employers.
- 6. Child Labor Provision • Restricts hours under age 16 • Prohibits the employment under age 16 during school hours – and jobs deemed too dangerous. • Forbids the employment if under age 18 when too dangerous.
- 7. Minimum Wage & Overtime Pay • All employees are considered non-exempt – unless the employee’s position meets specific exemption criteria or – unless the regulations specifically allow an exemption, and the employer has opted to use this exemption.
- 8. Equal Pay Act • Under the FLSA • Prohibits gender-based wage discrimination.
- 9. Penalty • Willfully or repeatedly violate • Civil money penalty of up to $1,100 for each violation
- 10. Timeline • An action for back wages or overtime must begin within two years of the date such wages began to accrue
- 11. Common Employer Mistakes • Considering any employee who is paid a salary as an exempt employee. (not eligible for overtime pay) • Not paying for unauthorized overtime • Making automatic pay deductions for meal breaks.
- 12. Common Assumptions • My employees won’t sue • All my workers are 1099, so FLSA doesn’t apply. • All of my employees are salary.
- 13. What’s the Risk? • 84% of all employment class-actions filed. • 80% out of compliance. • Near-automatic double damages for successful plaintiffs. • Attorneys’ fees. • Workers becoming more informed
- 14. What’s the Risk? • Back Wages • Liquidated Damages • Collective Actions
- 15. What’s the Risk? • Example: Collective Action • 20 employees • $122,000 each • Over 2.4 Million (damages)
- 16. Examples • Lars Ulrich- Metallica • Farmers Insurance
- 17. Who Files Overtime Claims? • Agitated employee • Seeks to file another claim • Employee looks for overtime claim. – DOL list/article – Sought out by attorney
- 18. “Scams That Make Your Boss Rich” • Employer keeps sloppy records and often underpays you. • You have to clock out at ‘finish’ work time, but still have to clean up, etc. • You are a salaried employee, and have manager in your title but you don’t perform managerial duties – Click here for test for determining executive exemption.
- 19. Correct Classification • Exempt vs. Non Exempt
- 20. FLSA Exemptions • Who is exempt? • How do you determine exemptions?
- 21. Executive Exemption • At least $455 per week • Primary Duty= to direct work of others • Authority to hire and fire • Job duties
- 22. Administrative Exemption • Salary of at least $455 per week • Job duties • Exercise of discretion and independent judgment • Customers
- 23. Professional Exemption • Learned and creative professionals • Salary of at least $455 per week • Primary duty • Advanced knowledge • Acquisition of advanced knowledge
- 24. Computer Exemption • Salary ($455/week) or hourly rate ($27.63/hour) • Position
- 25. Outside Sales Exemption • Spends most work time away from office. • Contracts/Products/Services
- 27. Highly Paid Employee Exemption • Non-Manual work • At least $100,000/year • $455/week
- 28. Other Exemptions (cont.) • Commission (retail) • Business owners • Some transportation
- 29. How to Avoid a Claim • Correct classification • Drafting and communicating clear policies • Monitor employee activity • Performing wage and hour audits • Promptly correcting problems • Staying up-to-date
- 30. Questions? Rebecca Regard rregard@gnapartners.com (713) 235-8205 (direct line)
- 31. Citations • DOL: http://www.dol.gov/ • BLR: http://www.blr.com/ • SHRM: http://www.shrm.org