Uncover payroll policy problems...
Avoid crushing overtime designation errors...
Correctly apply the FLSA at your workplace
and remain the go-to expert with this new
desk reference.
Price: $297
Overtime exemptions — off-the-clock work — constant demands to reduce labor costs while increasing
productivity “By whatever means necessary!”
... Complying with the Fair Labor Standards Act (FLSA) can be
confusing and challenging for even the most savvy
HR practitioner. That’s because the law’s complex
requirements can easily land them on the wrong side of a
lawsuit or DOL investigation.
In fact, there are more wage
and hour lawsuits pending in the federal courts than all
other employment claims combined.
Wage & Hour Compliance: Practical Solutions
for HR provides you with detailed guidance on how to
comply with the FLSA and takes you through the most
complicated wage & hour issues that HR practitioners
encounter. When you’re faced with a supervisor’s travel
time question, an employee’s request for comp time,
another executive’s suggestion that more assistant
managers be deemed exempt from overtime, you’ll
find answers in seconds, from a reputable and reliable
source.
Wage & Hour Compliance: Practical Solutions for
HR features:
Real-world examples of wage & hour
challenges, and how to solve them
Multiple quizzes, so you can see where you need to review more carefully
An overtime exemption audit checklist,
so you never make the wrong call
State-specific charts, for comparing
your multi-state obligations
Sample policies, easily modified to fit
your specific preferences
A quarterly newsletter, Wage & Hour
Compliance Bulletin, to keep you aware of
the latest developments in the law, and why
they matter to you.
BONUS! Not just a manual. You also get:
Free CD-ROM containing over 20 forms,
policies, checklists, state-by-state comparison
charts and more, all so you can point, click
and go.
Free quarterly Wage & Hour Compliance
Bulletin alerting you to legal changes that
require alterations in your workplace policies.
There are more wage and hour
lawsuits pending in federal court
than all other lawsuits combined. Why are aggressive
attorneys so eager to file claims on
behalf of employees?
Because there’s so much
money to be made:
$84,541: New York physical therapist agrees to pay
22 employees for minimum wage violations
$4.75 million: Hospital in Thousand Oaks, California
settles wage and hour lawsuit over miscalculated
overtime pay and failing to compensate workers for
missed meal and rest periods.
$1.15 million: Las Vegas construction company
to pay in back wages to 1,060 current and former
employees.
$30,000: Texas chain of four gas stations to pay their
six hourly employees, again forr ecordkeeping and
overtime violations.
$976,327: New Mexico aerospace company settles
with 900 employees who were routinely required to
work through lunch breaks without compensation.
$340,400: New Jersey convenience store to pay back
wages and damages for violations of overtime and
recordkeeping.
About your featured author, Kara Shea:
Employment law attorney Kara E. Shea has represented businesses in EEOC and employment litigation matters and has handled wage and hour, discrimination, and retaliatory discharge cases, including class actions, in federal and states courts around the country, and is admitted to the United States Supreme Court and the Courts of Appeal for the Sixth, Seventh, Tenth and Eleventh Circuits.
Ms. Shea also offers general employment counseling and advice to business clients, including assistance with employment policies, handbooks, and agreements, FLSA and FMLA compliance issues, review of disciplinary actions and discharge decisions, and investigation of workplace complaints. Ms. Shea is the co-editor of the Tennessee Employment Law Letter, and is a regular contributor to the Nashville City Paper. Ms. Shea is a member of the American, Tennessee, and Nashville Bar Associations. She received her law degree from Vanderbilt University, where she was a published associate editor of the Vanderbilt Law Review.
Table of Contents
Wage & Hour Compliance: Practical Solutions for HR will be your go-to
resource for ANY pay policy and administration issue:
Chapter One: Overview of FLSA Requirements
Applicability
Subject Matter Covered by FLSA
Child Labor
Minimum Wage
Overtime Pay
Subject Matter Not Covered by FLSA
Recordkeeping
Equal Pay
Chapter Two: to Whom Does the FLSA Apply?
Covered Employers
Private Employers
Public Agencies
Schools and Health Care Facilities
Joint Employers
Successor Companies
Individual Liability
Covered Employees
Contract Workers
Trainees
Graduate Students
Volunteers
Chapter Three: Child Labor Provisions
Type of Work Prohibited
16-and 17-Year-Olds
Children Under the Age o16
Children Under the Age o14
Parental Exception
Limitation on Number of Hours Worked
Minimum Wage and Subminimum Wages
Age Certification
State Law Resources
Chapter Four: Minimum Wage
Extra Hours Worked
Exceptions to Minimum Wage Requirement
Tipped Employees
Teenagers
Full-Time Students
Messengers, Learners, and Apprentices
Non-hourly Compensation
Piece Rate Workers
Commissioned Workers
Permissible Payroll Deductions
State Minimum Wage Requirements
Chapter Five: Overtime Basics
What Is a Workweek Under FLSA?
Pay Periods
Timing of Overtime Pay
Alternative Workweek Schedules
Exceptions to Seven-Day Workweek
Compensatory Time
Private Employers
Supervisory Training Essential
Comp Time for Public Employers
Limitations on Accrual of Comp Time
Cashing Out Comp Time
Chapter Six: Work Time Issues
Tracking Time
De Minimis Doctrine
Altering Time Records
After-Hours Agreements
Controlling Overtime
Train Your Supervisors
Is it Work Time?
Preliminary/Postliminary Time
Idle/Waiting Time
Commuting, Travel, On-Call and Training Time
Breaks
Charitable/Civic Activities
Sleep Time/Personal Time
Chapter Seven: Calculating Overtime
Total Compensation in General
Payments Included in Compensation
What Bonuses Are Included?
Commissions
Delayed Payments
Premiums That Must Be Included
Deductions from Pay
Payment That May Be Excluded from Compensation
Gifts, Prizes & Awards, and Bonuses
Paid Leave
Voluntary Overtime Premiums
Other Permissible Exclusions
Exceptions to the Regular Rate Principle
Established Basic Rate
Belo Contracts
Piece Rate
Calculating Overtime for Hourly Employees
Hourly Pay Plus Additional Amounts
Payment at Different Hourly Rates
Calculating Overtime for Salaried Employees
“Intended to Compensate”
Avoiding Problems
Employees Who Aren’t Paid on a Weekly Basis
Salary Plus Additional Amounts
Fixed Salary for Fluctuating Hours
Calculating Overtime for Fire Protection and Law
Enforcement Personnel
Chapter Eight: FLSA Exemptions
Overview of Exemptions
White Collar and Related Exemptions
Other Exemptions
Motor Carrier Exemption
Employees Covered by Exemption
Commissioned Retail and Service Employees
Criteria for Establishments
Criteria for Employees
Home Health Aides/Domestic Service Employees
Babysitters
Chapter Nine: White COLLAR Exemptions
Key Concepts
Exempt Duties
Minimum Salary Requirements
Salary Basis of Payment
Executive Employees
Primary Duty of Management
Customarily Recognized Department or Subdivision
Directing the Work of Two or More Employees
Authority to Make Personnel Decisions
Executive Exemption for 20 Percent Equity Owners
Administrative Exemption
Discretion and Independent Judgment
Examples of Administrative Employees
Administrative Exemption for Education Employees
Professional Exemption
Learned Professionals
Doctors, Lawyers, and Teachers
Creative and Computer Professionals
Exempt Duties
Minimum Salary Requirements
Outside Sales Employees
Highly Compensated Employees
Chapter Ten: Payment on a Salaried Basis
Salary Basis Test
Absence-Related Deductions
FMLA Leave
Deductions from Paid Leave
Deductions for Safety Violations
Deductions for Violations of Disciplinary Policies
Business Shutdowns
Public Accountability
New and departing employees
Effect of Improper deductions
Safe Harbor Provision
Timekeeping for Exempt Employees
Effect of Additional Payments
Disciplining Employees for Absences
Fee Basis Compensation
Chapter Eleven: Enforcement, Litigation, And Recordkeeping
Types of DOL Investigations
Responding to DOL Investigations
How Investigations are Resolved
FLSA Lawsuits by the Secretary of Labor
Private Actions under the FLSA
Collective Actions
Damages
Defenses
Limitations Period
Waiver and Settlement of FLSA Claims
Defenses
Interaction with State Laws
Retaliation Claims
Records Required
Records for Nonexempt Employees
Records for Exempt Employees
Records Kept for Three Years
Records Kept for Two Years
How to Maintain Records
DOL Involvement
Remedying FLSA Violations
DOL Opinion Letter
Bonus #1:Quarterly Wage & Hour Compliance Bulletin issues
keep you up to speed
Your Wage & Hour Compliance purchase includes a subscription to the quarterly Wage & Hour Compliance Bulletin to keep you up-to-date with the latest court rulings and agency developments, so you always make the right policy decision.
Bonus #2: CD-ROM Contains Time-Saving Documents
Your purchase also includes a CD-ROM containing over 20 forms, policies and procedures, ready for you to customize for your organization. Nothing could be faster or easier.
Automatic Updates Keep Your Guide Current
To make sure Wage & Hour Compliance: Practical Solutions for HR remains up to date, we closely monitor legislative, regulatory, and judicial developments. Each year we'll rush you a replacement edition on a 30-day-review basis, and bill you at the then-current rate. You pay only if you decide to keep the updated edition.
Order Wage & Hour Compliance: Practical Solutions for HR
Risk Free
Wage & Hour Compliance: Practical Solutions
for HR provides you with detailed guidance on how to
comply with the FLSA and takes you through the most
complicated wage & hour issues that HR practitioners
encounter. When you’re faced with a supervisor’s travel
time question, an employee’s request for comp time,
another executive’s suggestion that more assistant
managers be deemed exempt from overtime, you’ll
find answers in seconds, from a reputable and reliable
source.
Employment law attorney Kara E. Shea has represented businesses in EEOC and employment litigation matters and has handled wage and hour, discrimination, and retaliatory discharge cases, including class actions, in federal and states courts around the country, and is admitted to the United States Supreme Court and the Courts of Appeal for the Sixth, Seventh, Tenth and Eleventh Circuits.
