law 598 - hr & employment law w6a

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One new thing you learned in last week’s class

What laws apply to my staff?

What laws apply to my business or organization?

FederalFair

Labor Standards

Act

Federal Fair Labor Standards Act• History – 1938

• Portal to Portal Act• Statutes – 29 USC 201, et seq.• Regulations – 29 CFR 500 et seq.• Employment relationship – Arizona Initiative• Presumption – all are covered• Elements – Minimum Wage, Maximum Hour,

Child Labor• Exemptions – industry and position

FLSA Exemptions• All three – holly wreath makers• Minimum wage – note that AZ different

• Part 541 exempts• Amusement/recreational – must be seasonal• Agriculture/aquaculture• Tiny publications/tiny switchboards/seamen• Companions/babysitters

FLSA Exemptions (2)• Overtime

• Part 541 exempts• Airline/railroad/seaman• Agricultural drivers and buyers• Car dealership employees• Taxi drivers/local delivery drivers• The gal taking your ticket at the movies• Tiny TV station employees• Lots of others – check both 29 USC 207 and 213

FLSA ElementsMinimum Wage

• $7.25 per hour – but it will be $10.10 per hour for federal contractor employees in 2015

•Arizona’s higher $7.90 wage controls• Value of room and board – not true in AZ• Youth wage and special rate for disabled – Section 14

FLSA ElementsTipped Employees

• Tips belong to employees• Service charge belongs to employer• Tip credit

• Can pay less in wages if tips make up difference• Arizona permits $3.00 differential• Tip pooling - rules

FLSA ElementsOvertime

• 40 hour workweek• Exceptions for hospitals, firefighters, law enforcement

• Suffered or permitted to work• Definition of working time

• Holidays and other paid time off• Less than 24 hours/ 24+ hours/live on premises

Fact or Fiction?

CompensatoryTime

FLSA ElementsOvertime

• On call, showup and standby• Breaks and meal periods

• 20 minute rule – work breaks• 30 minute rule – meal breaks• Nursing Mom’s break

• Commuting and travel• Preliminary and Postliminary• Training

Nursing Mothers Break

• PPACA amendment to FLSA• Only applies to non-exempts• First year after baby arrives• Unpaid 30 minute break to express milk• Can be combined with paid breaks• Private place to have the break

FLSA ElementsChild Labor

• AZ and FLSA virtually identical • Outside agriculture, no one under 14• Duties and hours limits for under 16• Options for hiring those under 18

FLSA Enforcement

• Civil action by employee• Civil action by USDOL• Civil injunction by USDOL• Criminal action by USDOJ• Statute of limitations• Potential damages

Overtime Pay

• Regular rate• Nonexempt salaries and docking• Calculation examples• Bonuses and perquisites• Finding information – 29 CFR Part 778