Presentation Transcript

1. Fair Labor Standards Act

   Presented by the U.S. Department of Labor Wage and Hour Division
2. Major Provisions Coverage Minimum Wage Overtime Pay Youth Employment Recordkeeping
3. 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
4. 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
5. State and Local Government Special Rules
6. 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
7. 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
8. 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
9. 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 ...
10. 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
11. 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
12. 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.
13. 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 —
14. State and Local Government (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.
15. 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.
16. 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
17. 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
18. State and Local Government29 CFR 553.230
19. 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.
20. The FLSA Does Not Require 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
21. 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
22. 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
23. 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
24. 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
25. 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
26. 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.