wage hour dol

8/13/2019 Wage Hour Dol

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Wage and Hour: Staying on the

Right Side of the DOL

Sage HR R&R: Refresh and Recertify

Webcast Series


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Your Presenter for Today

Mary Anne Osborne, SPHR

The Osborne Group INSERTPICTURE

HERE

Over 25 years of HR experience inTelecom, Financial, Manufacturing,

Healthcare and Higher Educationarenas

People-centric HR Professional Award winning Business, Customer Service and

Quality focused


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Objectives

In Todays Webcast You Will Learn:

How the DOLs interpretation of the FLSA affectsyour business.

How the latest court cases are affecting wage and

hour. What actions the HR department should be

engaged in now to avoid fines and litigation.


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Department of Labor

Wage and Hour DivisionMission Statement

The WHD enforces Federal minimum wage, overtime pay,recordkeeping, and child labor requirements of the Fair Labor

Standards Act.

WHD also enforces the Migrant and Seasonal Agricultural Worker

Protection Act, the Employee Polygraph Protection Act, the FamilyMedical Leave Act, wage garnishment provisions of the Consumer CreditProtection Act, and a number of employment standards and workerprotection as provided in several immigration related statutes.

Additionally WHD administers and enforces the prevailing wagerequirements of the Davis Bacon Act and the Service Contract Act andother statutes applicable to federal contracts for construction and for theprovision of goods and services.


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WHD Statistics For 2008

*

Recovered $185M in back wages for 228,000 U.S. workers.

8

97 days to resolve complaint.

*

88% of these cases were related to overtime.

12% were minimum wage related.

35% of the WHDs time was spent in enforcement in low wageindustries: AG, daycare, restaurants, garment, security,healthcare, hotels and motels, janitorial, and temp help.


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White CollarExemption

Contractor

Temp Labor

FLSA:


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White Collar

ExemptionKey Factors

Titles dont determine status

Must be paid $455/week or notless than $23,660 annually

Categories covered under the

exemption MAY include: Executives

Administrators

Outside sales

Professionals

Highly compensated employees

Computer professionals


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White CollarExemption:

ExecutivesKey Factors

Wage requirements*

Primary dutymanaging thebusiness or a subset

Regularly directs the work of two

or more people Have the authority to hire and fire

or their recommendations onbusiness decisions must be

given particular weight

* If an executive owns 20% of equity shares, theydont have to meet wage requirement.


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AdministratorsKey Factors

Wage requirements

Work must be office, not manual,directly related to managementpolicies or business operations of

the employer or its customers. The employee is regularly

expected to use discretion andexercise independent judgment

with regards to significantmatters.


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Outside SalesKey Factors

There is no compensation test

for this exemption. Must meet both of these

requirements:

The primary duty is to make sales,obtain orders or contracts for services,or contracts for the use of facilities forwhich the customer or client pays.

The employee is primarily or

customarily engaged in theperformance of their duties away fromthe primary place of business.


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ProfessionalsKey Factors

Salary requirement must be met.

Work must be office, non-manualand requires one of the following:

Advanced knowledge in a field ofscience or learning generallyacquired through a long course ofintellectual instruction.

Invention, imagination, originality, ortalent in a field of artistic or creative

endeavor.


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Highly Compensated

Employees

Key Factors

Earns at least $100,000 in base

salary, commissions, and non-discretionary bonuses.

Performs one or more of the

duties of either an exemptexecutive, professional oradministrative employee.


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Computer

Professionals

Key Factors Wage requirements include $23.63/hour.

Exempt computer employee must haveprimary duty in one of the following:

Application of systems analysis techniquesand procedures.

Design, development, documentation,analysis, testing, creation, or modification ofsystems or programs including prototypesbased on or related to user designspecifications.

Design ,development, documentation, testing

,creation, or modification of computerprograms related to machine operatingsystems.

A combination of the above three requiring thesame level of skills and abilities.


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ContractorsKey Factors Degree to which the contractor has the

freedom to control the manner in whichthe work is performed.

The opportunity for profit/loss dependingon own skills.

Who controls investment in equipment toperform job.

Whether the services rendered requirespecific skills.

The degree of permanence of therelationship.

Whether the work performed is anintegral part of the employers business.


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Key Factors

Are they truly independent

contractors? May work for the leasing agency

or the recipient employer or both

To what level is your companyinvolved in the selection, hiring, andestablishing working conditions?

Are they covered under FLSA,

FMLA, etc.

Temp

Labor


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FEDS

Pass Laws

Enforce

throughgovernmentagencies andregulations

STATES

Pass Laws

Enforce

through thestates attorneygenerals office

COURTS

Interpret andclarify laws


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Recent Court CasesAt Federal and

Circuit Court

Supreme Court: Oralcomplaints must be heard

Ninth Circuit:Pharmaceutical sales

reps fall within OutsideSales exemption

Seventh Circuit:Fluctuating workweek

Bridge to Justice U.S.DOL has agreement withABA to refer cases

State Cases

CA: Make suitable seatsavailable

NYS DOL has issued newrules on minimum wage

and tips in the foodservice industry.


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Employers Take Action

RECORDKEEPING

AUDITS

RECORDHOURS

WORKED

WEEKLY

MANAGETIME

RECORD

EDITS

PRESERVEDATA FOR

EASY

RETRIEVAL


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DO THERIGHT

THING

DO ITRIGHT THE

FIRST TIME


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REFERENCES www.dol.gov

www.dol.gov/whd/flsa

www.dol.gov>ComplianceAssistance>ByLaw

www.flsa.com

[email protected]


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About Sage Abra HRMS Sage Abra is human resource

management system software that

delivers tightly integrated HR,payroll, benefits and attendancefunctionality, plus rich reporting andanalysis tools.

Sage Abra can help you stay on theright side of the Department of Laborby helping you keep track of youremployees, your companys labor

records, and by providing advancedreporting tools (both customizableand standard) such as CrystalReports.

Sage Abra Solutions Specialist

Jessica [email protected]

Sage Abra training courses

are located at:www.SageU.com/Abra

Sage Abra webcasts and

demos are located at:www.SageWebcast.com

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