Fair Labor Standards
FMLA Family & Medical Leave
provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
Employers Who Are Exempt from FLSA
A few employers, including small farms—those that use relatively little outside paid labor—are explicitly exempt from the FLSA. Many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.
Exempt Employees salary requirements
Administrative, executive and professional employees, salespeople and STEM Science, Technology, Engineering, and Math employees can be classified as exempt and, therefore, ineligible for overtime pay if they meet the following criteria: -Employees are paid a salary -Employees earn at least $455 per week. -Employees are paid a salary for any week they work.
Fluctuating Workweek
An employee paid a set amount per week, whether the total hours are more or less than what would be worked during a standard week, as long as effective hourly pay does not drop below minimum wage. Any hours worked over 40 is OT .
FMLA eligibility
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles
Exempt employee and dock pay
Exempt employee can not be docked for partial absences full day only However can be dock for workplace misconduct.
FMLA military
If caring for a covered service member you are entitled to 26 weeks of unpaid leave within 12 mo
Exceptions to Overtime Requirements
In general, non-exempt employees earning less than $455 per week, which is $23,660 per year, are guaranteed overtime pay. Some exceptions to this include researchers or those working under an educational or governmental grant.
Private-sector employees Comp Time in lieu of Overtime
Only Private-sector employees may take comp time instead of overtime pay when they work more than 40 hours a week. Time off must be within same pay period as worked
Public-sector employees Comp Time in lieu of Overtime
State and Local government employers can give comp time vs overtime pay if an agreement between ee and er must be able to take, paid out during termination can accumulate 240 hrs and max for pubic safety 480 hrs/320 OT hrs.
Employers Who Are Covered by FLSA
The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. the law covers nearly all workplaces. This is because the courts have interpreted the term interstate commerce very broadly.
Fair Labor Standards Act FLSA
The Fair Labor Standards Act (FLSA) is a federal employment law that defines employer obligations relating to employee wages, hours, overtime, and child labor.
