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Wage and Hour Seminar Agenda
8:30 a.m. to 4:30 p.m. (Lunch is provided.)
Welcome/Opening Remarks
- Agenda and schedule
- Objectives and overview
Do These Laws Apply To Me?
- Employer-employee relationship—must have before either law applies
- Independent contractors—usually used illegally
- Bona fide volunteers—neither law generally applies
Differences Between Federal/State Jurisdiction
- Interstate commerce coverage
- Enterprise coverage
- Individual coverage
Minimum Wage Requirements
- State and federal minimum wages are generally the same—$6.55 an hour for both
- Some differences in state/federal minimum wage—mainly involving youth minimum wage
- Special sub-minimum wages
- Tipped employees—must receive $2.13 an hour plus tip credit of $4.42 to equal at least $6.55 an hour
Overtime Pay Requirements
- Time and one-half overtime pay
- For all hours worked in excess of 40 in a workweek
- Each workweek stands on its own, regardless of pay periods
- Workweek defined as any period of 168 consecutive hours
- Based on employee's regular rate of pay
Minimum Wage/Overtime Pay Exemptions
- Exemptions for minimum wage and overtime pay only
- Executive, administrative and professional exemptions (new rules)
- Outside salespeople
- Some federal exemptions not adopted by the state
- Promised wages and wage benefits still apply
What Constitutes Hours of Work?
- Suffer or permit to work
- Work away from the establishment
- Travel time
- Training and meeting time
- On-call time
- Rest breaks and meal breaks—not required for employees age 16 or older
Recordkeeping Protections
- Time clocks and time cards are not required by law
- No laws on who may or may not sign time records
- Employer only required to make, keep and preserve accurate records
Youth Employment/Child Labor Protections
- Minimum age to be employed
- Youth employment certificates (often called work permits)
- Hazardous/detrimental/prohibited occupations
Promised Wages and Wage Benefits
- Payments of more than the minimum wage and overtime pay
- Wage benefits such as vacation pay, sick leave and holiday pay
- Promise can be written policy, verbal promise or company practice
- Policies must be in writing and employees must be notified
- Forfeiture or changes must be in writing
- Applies to all employers except for governmental (public) employers
Legal Deductions from Wages
- Written authorization required
- Deductions for employer's benefit
- cannot bring employee below minimum wage
- cannot be taken from employee's overtime pay at all
- uniforms, tools and equipment are for the employer's benefit
Other Laws
- Family and Medical Leave Act (FMLA)
- Immigration forms (I-9 forms)
- Polygraph tests
- Controlled substance (drug) testing
- Retaliatory discrimination laws
- Medical payment law
General Review and Wrap-up
Revised July 24, 2008
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