Federal & State Wage Hour Law

Statutory Employees

. Agent-drivers, commission-drivers and full-time life insurance salespersons are which of the following?

TRUE, if you have a "recorded" agreement.

A hospital may use the 8/80 (14 day) rule in place of the standard workweek to determine when overtime must be paid?

NO

Are employers required to provide employees paid vacations, sick days, jury duty leave, holiday, lunch breaks coffee breaks under FLSA?

Act that prohibits federal contractors from receiving kickbacks from employees or subcontractors for wages earned on federal projects.

Copeland "Anti-Kickback" Act

There must not be any contract or agreement concerning the bonus. The bonus can not be announced or assumed before work begins. (No prior history of the same bonus given out repeatedly). The employer has the discretion whether to pay the bonus and to determine the amount. This bonus is not used to calculate the regular rate of pay "RRP" for FLSA overtime.

DISCRETIONARY BONUS

$10.80

Federal Contractor Minimum Wage

under the age of 20 is $4.25 for the first 90 consecutive days.

Lower "Opportunity Wage"

.general rule under FLSA is that all covered employees must be paid at least 1.5 times their 'regular rate of pay"

Overtime pay requirements

Statutory Nonemployees

Qualified real estate agents and direct sellers are which of the following?

Contractors with government service contracts over $2,500 must pay workers prevailing wage rates

Service Contract Act

"suffer or permit to work."

The FLSA's definition of "employ" is to

Risk of loss

There are three parts of the ABC test, which is not one of them?

Similar to fluctuating workweeks. Plan must be agreed upon by EE and ER through an individual contract or collective bargaining agreement. EE must work irregular hours (with workwees fluctuating above AND below 40 hours) Contract mus guarantee a straight time rate of at least the statutory min (.5) and an OT rate of 1 1/2. Weekly guarantee must be for not more than 60 hours of work.

Belo-Type Plan

prohibited the shipment in interstate commerce of products manufactured by children under 14 years old

Child Labor Act

laws that control the work that children are permitted to do

Child Labor Laws

The FLSA prohibits the employment of any "oppressive child labor" in connection with interstate commerce. Oppressive child labor is the employment of any child under age 18 in violation of the child labor restrictions of the FLSA and regulations issued under it. Here are the minimum age restrictions under the FLSA: Minors under age 18. No minor under age 18 can work in a job that has been declared hazardous by the Wage and Hour Division. Minors age 14 and 15. Minors age 14 and 15 can work in a limited number of nonhazardous jobs in retail, food service, and gasoline service establishments. They cannot work during school hours and are limited to working 3 hours a day and 18 hours a week when school is in session. They are limited to 8 hours a day and 40 a week when school is not in session. They also can work only between 7 a.m. and 7 p.m. 7 a.m. and 9 p.m. from June 1 through Labor Day). Minors under age 14. Employment is generally prohibited, unless the minor is working for a parent, and even those jobs cannot be hazardous or in mining or manufacturing.

Child Labor Restrictions

Secretary of Labor sets prevailing minimum wage standards for labors and mechanics working on federally financed construction contract of $2,000 or more.

David-Bacon Act & Related Acts

Act that established prevailing wage and benefit requirements for contractors on federally funded construction projects.

Davis-Bacon Act

FLSA does not regulate pay frequency except to say that wages are "unpaid" unless they are paid on the "regular payday". "Unpaid wages" are a violation of minimum wage and overtime rules.

Does FLSA regulate pay frequency?

No

Does the Federal wage hour law require overtime premiums to be paid to all employees?

FALSE, three years is the maximum length of time that employers can be barred from receiving a government contract

ER's that violate one of the public contract laws can be permanently barred from participating in future government contracts?

Primary duty "not job title" office, non-manual. Level of discretionary authority & independent judgment in matters of significance. "Knowledge" Minimum salary level $684 per week or $35,568 annual.

EXEMPT RULES

18 hrs per week when school is in session, and 40 hours per week when school is not in session, And. . . He can not operate hazardous restaurant machinery.

Eric is turning 14. He wants to work at the local pizza restaurant to save money for college. How many hours per week can Eric work at the restaurant?

exempt from receiving overtime pay

Exempt Employee

Computer Professionals Administrative Professionals Executives Salespersons

Exempt Employees: CAPES

FLSA requires overtime pay only for hours physically worked over 40 in a workweek.

FLSA - Hours worked

Fair Labor Standards Act of 1938. Applied to employees in enterprises in or out affected by interstate commerce Set a minimum wage of .4/hr - 40 hour max week - Interstate commerce - children under 16 can't work

FLSA of 1938

ER's can be fined, and/or the officers jailed, for their unlawful acts in violation of the FLSA. ER's that repeatedly or willfully violate the minimum wage and overtime provision of the law can be fined up to $1,000 for EACH violation. Child labor violations can bring fines of up to $11,000 for each violation and up to $50,000 for violation that causes the death or serious injury of a minor. ER's that willfully violate the FLSA can be fined and/or the officers imprisoned for up to 6 months for second offenses.

FLSA/CHILD LABOR VIOLATIONS

Railroad porter - 18 • Gas station Attendant - 14 • Fast food employee - 14 • Grocery store clerk - 14 • Vet technician - 16 • Grocery store employee in the meat department - 18

Give the minimum age required to work at the following positions under the FLSA:

Regular Earnings + Additional Pay + Overtime Pay

Gross Pay

• Exemption for hospitals and nursing homes • The FLSA contains an exemption to the workweek standard for hospitals and nursing homes that is designed to give them more flexibility in scheduling. The law allows such employers to use a 14-day period rather than the workweek for determining overtime compensation. • All of the following conditions must be met for the exemption to apply: • 1. There must be an agreement or understanding between the employer and the employees before the work is performed • 2. If the agreement is not in writing, the employer must keep some special record of it. • 3. The employer must pay employees covered by the agreement or understanding at least 1 ½ times their regular rate of pay for all hours worked over 8 in a day or 80 in the 14-day period (8/80), whichever would result in higher pay for the employee.

HOSPITAL/HEALTHCARE WORKERS

Contractual or agreed upon bonus related to production, efficiency, attendance, quality, or some other measure of performance. This bonus must be used to calculate the regular rate of pay in the work week the bonus was earned. The calculated rate of pay MUST be used to determine the overtime rate. The calculation is made by adding the bonus to the employee's other regular earnings for the workweek and dividing the total by the number of hours worked during the workweek

NONDISCRETIONARY BONUS

An employee who is subject to the minimum wage or overtime provisions of the Fair Labor Standards

Non-Exempt

employees covered by the FLSA requirements for overtime pay

Non-exempt employees

Employees who must be on-call on the employer's premises or close enough to seriously curtail their use of the time for their own purposes must be paid for the time spent on-call.

On-Call Time

The Portal-to-Portal Act of 1947-provides that activities which are "preliminary or postliminary" to an employee's principal work are not compensable worktime unless a contract or custom of the employer makes them compensable. This means that time spent getting ready for work or getting ready to leave for work is not work time unless the activities engaged in are essential to the employee's principal work activity.

Preliminary vs Postliminary activities

Includes the basic hourly rate of pay plus any non-discretionary bonuses, shift differentials, production bonuses, and commissions earned.

Regular Rate of Pay

$5.12

The tip credit amount is?

Enterprise Coverage & Individual Coverage

Under FLSA there are the two types of coverage

Location of work

Under the common law test, the IRS examiners are to group the evidence they gather into three general types or "categories". Which of the following is not one of them?

20 days

Under the federal new hire reporting requirement how many days does an employer have after hire date?

Place of work

Under the reasonable basis test, which of the following does not support an employer's treatment of a worker as an independent contractor?

Administrative professionals "discretion & judgment" and manages others (not independent contractors) Executive professionals "learned professional" Computer professionals "tech professional" Public Sector "political assistance

WHAT IS EXEMPT?

applies to contractors with contracts in excess of $10,000 for the manufacturing or furnishing materials, supplies, articles, or ship goods under these contracts....1936

Walsh Healy Public Contracts Act (PCA)

provide conditions for the purchase of supplies and making of contrast by US (any amount exceeding $10K)

Walsh-Healey Public Contracts Act

Total payments exceed $600 for calendar year

What amount must an independent contractor be paid for services rendered before an employer is obligated to give them a 1099-MISC or beginning with payments made in 2020 reported in 2021, Form 2021?

Hours worked means the time during which an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so. • Under the employer's control, for the employer's benefit. • The employee is limited in conducting personal affairs.

What are Hours Worked?

Minimum wage Overtime Equal pay, equal work Child labor Recordkeeping

What are the five areas regulated by Fair Labor Standard Act?

Hours worked x base rate

What are total regular earnings?

Publicly elected officials • Person selected by elected official to be members of the officials personal staff • Persons appointed by an elected official to serve in policymaking position • Persons who are immediate advisors to an elected official • Persons employed by a state or local legislative branch.

What categories of state and local gov't employees are exempt from the FLSA?

Fair Labor Standards Act

What does FLSA stand for?

Wage and Hour Division

What government agency enforces the Equal Pay Act

Regular rate of pay is an hourly pay rate determined by dividing the total regular pay actually earned for the workweek by the total number of hours worked.

What is "regular rate of pay" and how is it determined?

What you are paid per hour

What is Base Rate?

Minimum Wage, overtime pay, child labor law, record keeping, equal pay for equal work

What is FLSA and what areas does it cover?

Fair Labor Standards Act

What is FLSA?

Employment Eligibility Verification

What is Form I-9 used for?

An employee with total compensation of at least $107,432 is an exempt "white collar".

What is Highly compensated employees?

, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."

What is Individual Coverage?

The difference between an associates hourly pay rate and the minimum wage

What is a tip credit?

A workweek is a fixed, regularly-recurring period of 168 hours. In other words, a workweek is seven consecutive 24-hour periods. 24hours * 7days = 168 hours

What is a work week?

shift differential, nondiscretionary bonus

What is included in the regular rate of pay?

trade between two or more states

What is interstate commerce?

$7.25

What is minimum wage?

Any contractual or agreed-upon bonus or incentive related to production

What is nondiscretionary bonuses?

employees employed by businesses with annual gross volume of sales made or business done of at least $500,000.

What is the Enterprise Coverage?

Overtime Premium Rate x working hours over 40 in a week

What is the FLSA Overtime Premium Pay?

The Regular Rate of Pay (RRP) x .05

What is the FLSA Overtime Premium Rate?

There is no test.

What is the FLSA salary test for outside salesperson?

Total Regular Earnings / Total Hours Worked = RRP

What is the Regular Rate of Pay?

If the employer is a vendor for a government contract: Federal contract supplier of more than $10,000 the Walsh-Healy act requires: Employee be paid 1.5 times regular rate of pay for hours over 40 per wk. "Prevailing wages" Federal contract construction/mechanical laborer of more that $2,000, the Davis-Bacon act sets minimum wage standards "prevailing wage" and the "inclusion fringe benefits"

What is the difference between claims brought under the Walsh-Healy Public contract act and the Davis-Bacon act?

40

What is the maximum number of hours a nonexempt employee can work in a workweek under the FLSA before overtime premium pay is due?

Compensable time is defined as all hours during which the EE is under the employer's control, even if the time is unproductive, so long as the time spent is for the ER's benefit.

What is the meaning of the term "compensable time"

$27.63 per hours

What is the minimum wage that hourly paid computer professionals must be paid to be exempt from the overtime requirements of the FLSA?

1.5 times the employee's "regular rate of pay".

What is the required overtime pay under FLSA?

Statute of Limitations- complaints can be filed with the Davison for minimum wages and overtime due up to 2years earlier (3 years if the violation was willful)

What is the time limit for filing an FLSA complaint with Wage and Hour Division?

$2.13

What is tipped employees hourly rate?

Full-time life insurance salespersons paid solely by commissions

What type of employee who wages are not subject to FITW, but are subject to FICA and FUTA?

After 40 "worked hours" in a week

When does overtime start?

Form SS-8

Which form is used for Determination of Employee Work Status for Purposes of Federal Employment Taxes and Income Tax Withholding?

Recordkeeping requirement.

Which of the following conditions of employment is governed by the FLSA?

Regulate how often employees must be paid

Which of the following is not covered under the FLSA?

8 hour work day

Which of the following is not regulated by the FLSA?

Fair Labor Standard Act.

Which of the following laws established minimum wage and overtime standards in the U.S.?

The employer

Who is responsible for establishing the workweek?