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Fair Labor Standards Act FLSA

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Applies to nearly all private & public sector employers engaged ... http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm. 5. Controlling Overtime Costs ... – PowerPoint PPT presentation

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Title: Fair Labor Standards Act FLSA


1
Fair Labor Standards Act (FLSA)
  • Major Components
  • Applies to nearly all private public sector
    employers engaged in interstate commerce and
    have 2 or more employees.
  • Enforced by Wage Hour Division of USDOL
  • Exemptions religious organizations, mom--pop
    businesses, nonprofit orgs. Not having a business
    purpose, seasonal recreational establishments.
  • If state law is more strict than federal, state
    law supersedes.

2
Compensable Time
  • If the employee is serving the interests of the
    employer, it is considered time worked under the
    act.
  • Immaterial whether the work was requested by
    employer or authorized as long as it was
    performed or employer had reason to believe that
    the work was being performed.

3
Issues
  • Meal Periods the act does not require payment
    for meal periods when employees are serving their
    own interests.
  • Break time if less than 20 minutes, generally
    compensable under DOL interpretations.
  • Waiting time must distinguish between waiting
    to go to work and being engaged to wait to go to
    work.
  • Employees working at home independent
    contractors?

4
Controlling Overtime
  • Exempt vs. Nonexempt Status
  • Specific exemptions outside salespersons,
    professional, executive, and administrative
  • The Salary Tests - Duties Test
  • http//www.dol.gov/esa/regs/compliance/whd/fairp
    ay/main.htm

5
Controlling Overtime Costs
  • Compensatory Time-off must be taken during the
    work week.
  • Belo fluctuating workweek (FWW)
  • http//www.payroll-taxes.com/articles/fluctuatingW
    orkweeks.html
  • Use of Independent Contractors
  • Computer related occupations Certain
    computer-related occupations system analyst,
    software engineer, programmer for example. Must
    be paid on an hourly basis at a rate not less
    than 27.63 per hour.

6
Plant Closing The WARN Act
  • WARN Requires employers who have 100 or more
    employees to give a 60 day notice of a plant
    closing if 50 or more workers at one site are to
    lose their jobs must make up at least 33 of
    the workforce at the site.

7
Unemployment Compensation
  • Legislation Social Security Act of 1935
  • States prescribe the amount duration of
    benefits 50 of workers wage for 26 weeks.
  • Employers are taxed based on each employers
    experience rating
  • Issues Misconduct Voluntary Quits -
    Avaialbility

8
Immigration Laws
  • IRCA Basic provision
  • Illegal for an employer to employ unauthorized
    aliens in the US
  • Civil penalties of 250 - 2,000 for each
    unauthorized alien
  • Employer verification Form I-9
  • Enforcement INS Wage Hour of DOL

9
Legal Requirements for Safety and Health
  • Employers must comply with a variety of federal
    and state laws
  • Occupational Safety and Health Act OSHA
  • Workers Compensation laws
  • Child Labor Laws FLSA
  • ADA especially record keeping accommodation
    issues

10
Major OSHA Provisions
  • General Duty employer has a general duty to
    provide safe and healthy working conditions
    must keep employees informed
  • Specific Standards vary by industry
  • OSHA Inspections
  • Refusing Unsafe Work
  • Employees fear is objectively reasonable
  • Employee has tried to have the dangerous
    condition corrected
  • Using normal procedures to solve the problem has
    not worked

11
Issues
  • Work Assignment Reproductive Health United
    Auto Workers v. Johnson Controls, US Supreme
    Court 1991.
  • Hazard Communication right to know
  • AIDS
  • Smoking
  • Substance Abuse
  • Workplace Aggression (Violence)

12
Issues
  • Local Emphasis http//www.osha.gov/dep/local_emp
    hasis_programs.html
  • State Partners http//www.osha.gov/fso/osp/index
    .html
  • Hazard Communication right to know
    http//www.osha.gov/pls/oshaweb/owadisp.show_docum
    ent?p_tableFACT_SHEETSp_id151
  • Workplace Aggression (Violence)
    http//www.osha.gov/SLTC/workplaceviolence/index.h
    tml
  • Whistleblower Protection http//www.osha.gov/dep/
    oia/whistleblower/index.html

13
Managing Health Safety Issues at Work
  • Wellness Programs typical programs include
    screenings, exercise programs, education
    awareness programs, skills.
  • Employee Assistance Programs provide counseling
    and other help to employees having emotional,
    physical, or personal problems.
  • Recordkeeping http//www.osha.gov/recordkeeping
    /index.html (Handout).

14
Safety Management
  • Effective Safety Management Programs include
  • Organizational commitment and responsibility
  • Safety policies and discipline
  • Safety training and communications
  • Safety committees
  • Inspection, accident investigation, research
  • Evaluation of safety efforts Accountability
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