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Your Presenter. Jim Gaut, Assistant District Director Montgomery, Alabama. COVERAGE. Under the Fair Labor Standards Act (FLSA) Schools are a specifically named enterprise under Section 3(s)(1)(B) of the FLSA

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  1. Your Presenter Jim Gaut, Assistant District Director Montgomery, Alabama

  2. 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”

  3. RECORD KEEPING Title 29, Part 516 of the Code of Federal Regulations

  4. 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

  5. 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 ...

  6. 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 ...

  7. 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

  8. 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 employee’s total remuneration, including fringe benefits

  9. 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

  10. CHILD LABOR Section 12 of the FLSA

  11. 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

  12. 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 ...

  13. 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

  14. 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

  15. 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

  16. Child Labor - Hazardous Occupations 16. Roofing operations* 17. Excavating operations* * exemptions are provided for apprentices and student-learners under specified standards

  17. HOURS WORKED Title 29, Part 785 of the Code of Federal Regulations

  18. 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

  19. 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

  20. Hours Worked Breaks: • Breaks of 5 to 20 minutes promote efficiency of the employee • Considered hours worked

  21. 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

  22. Hours Worked • On duty: • The employee’s 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

  23. Hours Worked • On call time: • Work Time - employee is required to be on the employer’s premises or so close thereto that employee cannot use time for employee’s 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

  24. 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 employer’s customer

  25. Hours Worked • Travel all in a day’s 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

  26. 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

  27. Hours Worked • Employee residing on employer’s 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

  28. 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

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

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

  31. 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

  32. 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!

  33. 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

  34. 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

  35. 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

  36. 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

  37. EXECUTIVEANDADMINISTRATIVEEXEMPTION Reg.. 541

  38. 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

  39. State and Local Government SPECIAL RULES

  40. 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

  41. 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

  42. 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:

  43. 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

  44. 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:

  45. 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 ...

  46. 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

  47. School Compliance Issues • Record Keeping • Failure to pay Minimum Wage (Substitute paid $30/day) • Failure to pay Overtime • Employee’s 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)

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