Transcript Fair Labor Standards Act - HR

Fair Labor Standards Act
Presented by the
U.S. Department of Labor
Wage and Hour Division
U.S. Department of Labor
Wage and Hour Division
Major Provisions
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Coverage
Minimum Wage
Overtime Pay
Youth Employment
Recordkeeping
U.S. Department of Labor
Wage and Hour Division
Employees of public agencies are protected
under the FLSA
FLSA Section 3(s)(2): Covered public agencies
include:
– Federal Government agencies and political
subdivision
– State Government agencies and political
subdivision
– County
– City
– School District
– Water District
U.S. Department of Labor
Wage and Hour Division
Not public agency employee under FLSA
FLSA Section 3(e)(2)(C) excludes from the
definition of “employee”:
• elected officials
• their personal staff members
• their advisors on legal matters
U.S. Department of Labor
Wage and Hour Division
State and Local Government
Special Rules
U.S. Department of Labor
Wage and Hour Division
State and Local Government
29 CFR 553.226
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
U.S. Department of Labor
Wage and Hour Division
State and Local Government
FLSA Sec. 3(e)(4)(a)(ii):
State and local government employees may perform
volunteer services provided the following conditions
are met:
• 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
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• State and local governments employees may
receive compensatory time off (comp time) in
lieu of cash payment for overtime hours.
• Comp time must be in the amount of ONE
AND ONE HALF paid hours off for each
overtime hour worked
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Sec. 7(o): Compensatory time is
permissible under the following 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 ...
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Sec. 7(p)(1): Outside employment:
– Such hours worked are not to be combined with
hours worked for primary public employer for
overtime purposes.
– If employee performs special duty work, at his/her
own option,
– The two employers are separate and independent
U.S. Department of Labor
Wage and Hour Division
State and Local Government
FLSA Sec. 7(p)(2): Occasional or Sporadic Employment:
• An employee may work in a different capacity, on a
part time basis without the hours being combined with
their regular hours for the purposes of computing
overtime, provided the following conditions are met:
– Work is on an infrequent, irregular, or sporadic
(occurring in scattered instances) basis
– Work is done solely at employee’s option
– Work must not fall within the same general capacity
as employee’s regular work
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Sec. 7(p)(3): Substitution:
– Two employees may agree (at their own volition) to
substitute scheduled hours or work for one another.
– If the two employees make the substitution, the
employer may exclude the substituted hours worked
from overtime calculations.
– Note: any such agreement must be approved prior
to the performance of work.
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Sect. 3(y) Definition of “fire protection
personnel”:
– “Employee in fire protection activities”
means an employee, including a firefighter,
paramedic, emergency medical technician,
rescue worker, ambulance personnel, or
hazardous materials worker, who —
U.S. Department of Labor
Wage and Hour Division
State and Local Government
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(1) is trained in fire suppression, has the
legal authority and responsibility to engage
in fire suppression, and is employed by a fire
department* of a municipality, county, fire
district, or State; and
*Note that the EMS employees or HAZMAT team workers who
are not employees of a fire department will not qualify for the
7(k) exemption.
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• (2) is engaged in the prevention, control, and
extinguishment of fires or response to
emergency situations where life, property, or
the environment is at risk.
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Section 7(k)
– Employees engaged in fire protection or
law enforcement may be paid overtime on
a “work period” basis
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Section 7(k) cont.
– A “work period” is from 7 to 28 consecutive
days.
– Overtime pay is required when the hours
worked in “work period” exceeds the
maximum hours standards outlined in
553.230
U.S. Department of Labor
Wage and Hour Division
State and Local Government
29 CFR 553.230
U.S. Department of Labor
Wage and Hour Division
State and Local Government
• FLSA Section 13(b)(20)
– Overtime exemption to law enforcement
and fire protection employees when their
police or fire department employs less than
five employees in the work week in law
enforcement or fire protection activities.
U.S. Department of Labor
Wage and Hour Division
The FLSA Does Not Require
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Vacation, holiday, severance, or sick pay
Meal or rest periods, holidays off, or vacations
Premium pay for weekend or holiday work
A discharge notice, reason for discharge, or
immediate payment of final wages to
terminated employees
• Any limit on the number of hours in a day or
days in a week an employee at least 16 years
old may be required or scheduled to work
• Pay raises or fringe benefits
U.S. Department of Labor
Wage and Hour Division
Compliance Assistance Materials FLSA
• The Law
• The Regulations ( 29 C.F.R. Part 500-899)
• Interpretive Guidance (opinion letters, field
operations handbook, and field bulletins)
• FLSA Poster
• Handy Reference Guide
• Fact Sheets
• Information for New Businesses
• Department of Labor Home Page
U.S. Department of Labor
Wage and Hour Division
Enforcement
• FLSA enforcement is carried out by Wage and
Hour staff throughout the U.S
• Where violations are found, Wage and Hour
advises employers of the steps needed to
correct violations, secures agreement to
comply in the future and supervises voluntary
payment of back wages as applicable
• A 2-year statute of limitations generally
applies to the recovery of back pay. In the
case of a willful violation, a 3-year statute of
limitations may apply
U.S. Department of Labor
Wage and Hour Division
Enforcement
In the event there is not a voluntary
agreement to comply and/or pay back
wages, the Wage and Hour Division may:
• Bring suit to obtain an injunction to restrain
the employer from violating the FLSA,
including the withholding of proper
minimum wage and overtime
• Bring suit for back wages and an equal
amount as liquidated damages
U.S. Department of Labor
Wage and Hour Division
Employee Private Rights
An employee may file a private suit for back
pay and an equal amount as liquidated
damages, plus attorney’s fees and court costs
U.S. Department of Labor
Wage and Hour Division
Additional Information
• Visit the WHD homepage at:
www.wagehour.dol.gov
• Call the WHD toll-free information and helpline at
1-866-4US-WAGE (1-866-487-9243)
• Use the DOL interactive advisor system - ELAWS
(Employment Laws Assistance for Workers and
Small Businesses) at: www.dol.gov/elaws
• Call or visit the nearest Wage and Hour Division
Office
U.S. Department of Labor
Wage and Hour Division
Disclaimer
This presentation is intended as general information only and does
not carry the force of legal opinion.
The Department of Labor is providing this information as a public
service. This information and related materials are presented to
give the public access to information on Department of Labor
programs. You should be aware that, while we try to keep the
information timely and accurate, there will often be a delay
between official publications of the materials and the modification
of these pages. Therefore, we make no express or implied
guarantees. The Federal Register and the Code of Federal
Regulations remain the official source for regulatory information
published by the Department of Labor. We will make every effort
to keep this information current and to correct errors brought to
our attention.
U.S. Department of Labor
Wage and Hour Division