Your Presenter

1
(No Transcript)
2
Your Presenter

• Jim Gaut, Assistant District Director
• Montgomery, Alabama

3
COVERAGE

• Under the Fair Labor Standards Act
• (FLSA)
• Schools are a specifically named enterprise under
  Section 3(s)(1)(B) of the FLSA
• Engaged in operation of preschool, elementary
  school, secondary school, institution of higher
  education

4
RECORD KEEPING

• Title 29, Part 516
• of the
• Code of Federal Regulations

5
Record Keeping

• Form of Records
• No particular order or form of records is
  required
• Every employer subject to the FLSA is required to
  maintain records containing the information and
  data required by the FLSA

6
Record Keeping

• Required items for employees subject to minimum
  wage and/or overtime provisions of FLSA
• 1. Name in full - as used for Social Security
• 2. Home address, including Zip code
• 3. Date of birth if under 19
• 4. Sex and Occupation in which employed
• 5. Time of day and day of week on which workweek
  begins ...

7
Record Keeping

• Required items for employees subject to minimum
  wage and/or overtime provisions of FLSA
• 6. Regular hourly rate of pay
• 7. Hours worked each workday and each workweek
• 8. Total daily and weekly straight time earnings
  or wages due
• 9. Total premium pay for overtime hours ...

8
Record Keeping

• Required items for employees subject to minimum
  wage and/or overtime provisions of FLSA
• 10.Total additions or deductions from wages for
  each pay period
• 11. Total wages paid each pay period
• 12. Date of payment and the pay period covered by
  payment

9
Record Keeping

• Required items for bona fide executive,
  administrative, professional, and outside sales
  employees pursuant to Section 13(a)(1) of the
  FLSA
• Items 1 through 5
• Plus, the basis on which wages are paid in
  sufficient detail to permit calculation for each
  pay period of the employees total remuneration,
  including fringe benefits

10
Record Keeping

• Covered employer must post a notice explaining
  the FLSA, as prescribed by the Wage and Hour
  Division, in a conspicuous place, to permit
  employees to readily observe a copy
• Payroll records shall be preserved for 3 years
• Time cards or other supplementary records shall
  be preserved for 2 years

11
CHILD LABOR

• Section 12
• of the
• FLSA

12
Child Labor 14 and 15 Years Old

• May be employed in non-manufacturing and
  non-hazardous jobs with limitations on time of
  day and hours worked
• School in session - 3 hours per day, no more than
  18 hours per week - 7am to 7pm
• School not in session - 8 hours per day, no more
  than 40 hours per week - 7am to 9pm between June
  1 and Labor Day

13
Child LaborUnder 18 years old

• Hazardous Occupations
• Persons under 18 years of age may not work in
  these occupations
• May not work in occupations using equipment or
  practices used in these occupations ...

14
Child Labor - Hazardous Occupations

• 1. Manufacturing or storing explosives
• 2. Driving a motor vehicle and being an
  
  
• outside helper
• 3. Coal mining
• 4. Logging and Sawmilling
• 5. Power driven wood working machines
• 6. Exposure to radioactive substances and I
  
• ionizing radiation

15
Child Labor - Hazardous Occupations

• 7. Power driven hoisting apparatus
• 8. Power driven metal forming, punching,
• and shearing machines
• 9. Mining, other than coal mining
• 10. Meat packing or processing (including
• and power driven meat slicers
• 11. Power driven bakery machines

16
Child Labor - Hazardous Occupations

• 12 . Power driven paper product machines
• 13. Manufacturing brick, tile, and related
• products
• 14. Power driven circular saws, band saws,
• and guillotine shears
• 15. Wrecking, demolition, and ship breaking
• operations

17
Child Labor - Hazardous Occupations

• 16. Roofing operations
• 17. Excavating operations
• exemptions are provided for apprentices and
  student-learners under specified standards

18
HOURS WORKED

• Title 29, Part 785
• of the
• Code of Federal Regulations

19
HOURS WORKED
Suffer or Permit Work not requested but suffered
or permitted is work time The reason the employee
works extra time - requested or not - is
immaterial
20
Hours Worked

• Lunch Period
• hours worked do not generally include lunch
  period - provided
• period is of 30 minutes or more
• employee is completely relieved of duty

21
Hours Worked

• Breaks
• Breaks of 5 to 20 minutes promote efficiency of
  the employee
• Considered hours worked

22
Hours Worked

• Meetings, Lecturers, and Training Programs
• Time spent in these activities is considered work
  time, unless all 4 conditions are met
• Attendance is outside regular working hours
• Attendance is voluntary
• The course, lecture, or meeting is not job
  related
• Employee does not perform any productive work
  during attendance

23
Hours Worked

• On duty
• The employees time belongs to and is controlled
  by the employer
• Off Duty
• The employee is completely relieved from duty for
  periods of time long enough to enable employee to
  use the time effectively for own purposes

24
Hours Worked

• On call time
• Work Time - employee is required to be on the
  employers premises or so close thereto that
  employee cannot use time for employees own
  purposes
• Non-work Time - employee is merely required to
  carry a beeper or leave word at home or with
  employer where employee can be reached

25
Hours Worked

• Home to work travel
• ordinary travel is not work time
• Emergency travel - Considered work time
• When outside of normal working hours
• Employee has to travel to the establishment of
  an employers customer

26
Hours Worked

• Travel all in a days work
• travel between job sites during the normal work
  day is work time
• Travel for one day assignment
• non-overnight travel away from usual fixed work
  location, outside regular work hours, to location
  in another city is work time

27
Hours Worked

• Travel away from home community
• travel that keeps employee away from home
  overnight is work time when it cuts across the
  regular work day
• Sleep time
• Less than 24 hour duty shift - all work time
• More than 24 hour duty shift - up to 8 hours of
  actual sleep time can be non-work time if
  employee gets at least 5 hours of sleep

28
Hours Worked

• Employee residing on employers premises or
  working at home
• any reasonable agreement between the parties as
  to hours worked, which takes into consideration
  all of the pertinent facts will be accepted

29
Minimum Wage

• Minimum Wage
• 5.15 per hour, beginning 9/1/97
• Youth Wage
• 4.25 per hour, beginning 10/1/96
• Employee must be under 20 years of age
• During first 90 consecutive calendar days of
  employment
• Employer prohibited from fully or partially
  displacing employees to hire youth

30
Minimum Wage

• Anti-Minimum Wage Agreements
• Employers and employees may not enter into an
  agreement that sets aside the employees right to
  minimum wage

31
Overtime

• Anti-Overtime Agreements
• Employers and employees may not enter into an
  agreement that sets aside the employees right to
  overtime pay

32
Overtime

• Workweek
• comprised of 7 consecutive 24 hour periods (168
  hours)
• need not coincide with the calendar week
• each workweek stands alone
• workweeks cannot be averaged

33

• Overtime computations are based on the way a
  person is paid for each job and the total hours
  worked in that job.
• Remember, each week stands alone!

34
Overtime Computations

• More than one hourly rate of pay
• Depending on what agreement or understanding the
  employer has with the employee
• Overtime can be paid at one and one half the
  rate of pay the employee is working at when the
  hours worked go over 40
• - or -
• Overtime can be paid at at a weighted average of
  the two or more rates

35
Overtime Computations

• Weighted Average
• Multiply first rate by hours worked at that rate
• Multiply next rate(s) by hours worked at that
  rate(s)
• Add together to get total straight time wages
• Divide by total hours worked
• Divide in half
• Multiply by overtime hours worked

36
Overtime Computations

• Weighted Average
• 12 per hour for 37 hours
• 8 per hour for 9 hours
• 12 x 37 444.00 516.00
• 8 x 9 72.00 33.66
• 516.00 549.66
• 516/46 11.22
• 11.22/2 5.61
• 5.61 x 6 33.66

37
Overtime Computations

• Salary
• 34,000 yr. 46 hours worked
• 34,000/52 653.85 653.85
• 653.84/46 14.21 42.66
• 14.21/2 7.11 696.51
• 7.11 x 6 42.66

38
EXECUTIVEANDADMINISTRATIVEEXEMPTION

• Reg.. 541

39
THE BASICS

• Duty Test
• Supervise 2 full time employees per week
• Over 50 of job duties supervisory and/or
  management-related.
• High level of discretion and independent
  judgment.
• 250 week salary test

40
State and Local Government

• SPECIAL RULES

41
State and Local Government

• State and Local Government
• Government of a state or political subdivision of
  a state and their agencies
• County
• City
• School District
• Water District

42
State and Local Government

• Training is not compensable work time if
• Attendance is outside of regular working hours
• Specialized or follow-up training
• Training is required by law, of a particular
  jurisdiction, or higher jurisdiction

43
State and Local Government

• Volunteers -
• Individuals who are regular employees of state
  and local government may perform volunteer
  services for units of that government without
  such time being considered as employee work time,
  provided the following conditions are met

44
State and Local Government

• Volunteers - conditions
• Service must be for civic, charitable, or
  humanitarian reasons
• Service is performed without promise,
  expectation, or receipt of compensation
• Service is not the same type the employee
  normally does for agency
• Service is offered freely, without coercion of
  any kind
• nominal fee is OK

45
State and Local Government

• Compensatory Time
• Employees of state and local governments may
  receive compensatory time off (Comp Time) in lieu
  of cash payment for overtime hours worked in
  the amount of ONE AND ONE HALF paid hours off for
  each overtime hour worked, provided the following
  conditions are met

46
State and Local Government

• Compensatory Time - conditions
• Agreement or understanding with employee before
  start of work
• Employee may not accrue more that 240 hours (160
  of actual hours worked) in non-public safety
  positions
• Employee may not accrue more than 480 hours (320
  of actual hours worked) in public safety
  positions ...

47
Employer Penalties

• Section 16(e)
• any PERSON who violates Section 12 (Child Labor)
  11,000 civil money penalty for each child
• Any PERSON who violates Section 6 or 7 (minimum
  wage/overtime) 1,000 civil money penalty for
  each violation

48
School Compliance Issues

• Record Keeping
• Failure to pay Minimum Wage (Substitute paid
  30/day)
• Failure to pay Overtime
• Employees working two or more jobs not combined
  for overtime (janitor/bus driver)
• Failure to count all hours worked (meetings,
  mandatory events, PTA)
• Misapplied 541(clerical staff)

49
(No Transcript)
50
(No Transcript)
51
(No Transcript)
52
(No Transcript)
53
(No Transcript)
54
(No Transcript)
55
HOW TO SEEK WAGE-HOUR ASSISTANCECENTRAL
CONTACTDiane McMichaelUSDL/WH Division4001
Carmichael Road, Suite 215Montgomery, AL
36106phone [phone]
56
Jim Gaut, Assistant District DirectorUS
Department of Labor, WH Division4001 Carmichael
Road, Suite 215Montgomery, AL 36106Phone
[phone]andOliver Peebles, Assistant
District DirectorUS Department of Labor, WH
DivisionRoom 656 Medical Forum Building950
North 22nd StreetBirmingham, AL 35203Phone
[phone]