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Terms in this set (43)
executive exempt exemption
2.paid on salary basis
5.authority to hire and fire
IRS 20 factor test
Used to determine independent contractor status.
In an FLSA settlement proceeding if there is no agreement - what can happen?
1.Employee can take the employer to court
2.Secretary of Labor can take employer to court
IRS Intermediate sanctions
Guidelines for how to determine reasonable compensation for NONprofit executives.
Work opportunity tax credit
tax credit targeted to encourage employment from certain targeted groups.
Portal to Portal Act
Rules for when work time starts, travel time, & exceptions.
FLSA (also known as)...
Wage and Hour law
1.regulates exempt/non exempt status
Equal Pay Act
Equal pay for equal work. Work, skills, responsibilities and work condition must be exact.
1.between men and women
2.same job different pay ranges
Service Contract Act
Extended Davis Bacon to include employees providing services to Federal govt. above 2500$
Walsh Healy Act
extended Davis Bacon to include manufacturers/suppliers of goods on federal contracts above 10k
Copeland anti kick back law
Cant ask/force employees on a contract to forgo some of their wages. No kickbacks!
Davis Bacon Act
Established prevailing wage and benefit requirements for federal contractors above 2000k
Exemptions to Equal Pay Act disparities
geographical work difference.
Equal Pay Act work "factors"
Skill, responsibilities, working condition and effort
FLSA Statute of limitations & possible awards
2 years (sometimes 3) Unpaid wages, attorney fees & costs. Criminal penalty of 10,000 and 6 months in prison.
minimum wage exceptions
1. younger than 20 in first 90 day employment
3.full time students in retail/service
*=needs certificate from wage/hour division.
Child labor regulations
14< parents can employ
14-15 during school 3 hour limit. summer etc 8 hour day 7am-7pm/9pm in summer
16-17 just cant do hazardous work
Comptime for non exempt employees
Federal govt = ok to take comp time
Private= not ok, must take overtime in cash
What is a workweek?
168 consecutive hours
7 X 24 hours = 168 days
Are technologists or technicians exempt?
No. non-exempt. not considered a profession.
Are licensed practical nurses exempt or non-exempt?
Non -exempt. Specialized degree is not a standard prerequisite for the work.
Are registered nurses exempt?
Yes. Degrees and licenses are required for job.
Are HR employees exempt?
Yes IF they have discretion and independent judgement.
Are financial services employees exempt?
Usually Administrative Exemption.
Are Insurance adjusters exempt/
Usually administrative exempt --must do administrative things as part of their job.
First responders - exempt?
What document is KEY for determining FLSA status?
Up to date job description.
Blue Collar and Military training FLSA exempt?
No. Always Non-exempt. always paid overtime and hourly.
Outside sales - exempt?
1.Primary duty making sales
2.regularly off site as part of job.
(NOT subject to the minimum salary /paid a salary threshold)
Computer Employee - exempt?
Yes - IF:
1.meets 455/week OR 27.63/hour threshold
2.duties must have ONE of the 4 catagories
a.application of systems
b.design, development, documentation of computer system programs
c."""""" of machine operating systems
d. a combo of above
Highly compensated employee - exempt?
1. office non/manual work
2.455/week paid salary
3.does something very responsible, manages people etc...
Creative People - exempt?
minimum weekly pay 455
Paid a salary
primary duty requires invention, imagination, talent or a recognized creative field. (music, writing, acting)
Learned professional - exempt?
1.minimum pay 455/week
3.work requires advanced degree AND
4.Work requires consistent exercise of discretion & judgement.
(degree alone does NOT exempt - must be working in the field of expertise)
2 categories of professional exemption
Administrative - exempt?
1.minimum pay 455/week
3.Office management work
4.exercise of judgement in matters of significance (usually profit/loss)
Who enforces FLSA requirements?
Dept of labor.
Weekly salary base to be considered exempt.
Yearly salary base to be considered exempt
FLSA exempt employees catagories
professional (learned & creative)
Form 1099 IRS - who fills this out?
W-2 - who fills this out?
Employees tax reporting form.
FLSA always applies to these businesses no matter what
Fed/state/local government and agencies
FLSA application test for companies
1.minimum 500 k annual gross
2.engages in interstate commerce
3.produces goods for interstate commerce
4. uses goods that were moved or produced for interstate commerce.
Sets with similar terms
102 - FAIR LABOR STANDARDS ACT
The Fair Labor Standards Act of 1938
Ch 14 Wage and Hour Laws
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