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30 Cards in this Set
- Front
- Back
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2010 Ch02 Gen Notes:
Fair Labor Standards Act (FLSA) Covers? |
M - Minimum Wage
O - Overtime C - Child Labor E - Equal Pay for equal work R - Recordkeeping |
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2010 Ch02 Gen Notes:
Fair Labor Standards Act does not cover? |
-Paid Vacation, sick days, jury duty leave, holidays, lunch breaks, or coffee breaks
- How often must be paid or when, if terminated -Restrict hours of over 16 years old |
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2010 Ch02 Gen Notes:
How to decide on which laws to apply to a situation |
Which ever law is more beneficial to the employees.
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2010 Ch02 Gen Notes:
Applicability of the FLSA coverage depends what 2 criteria? |
-Enterprise Coverage
-Individual Coverage |
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2010 Ch02 Gen Notes:
What is the Enterprise Coverage under FLSA |
All employees of the business are covered
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2010 Ch02 Gen Notes:
What is the Individual Coverage under FLSA |
When the employee is engaged in the interstate commerce or in the production of goods or services for interstate commerce.
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2010 Ch02 Gen Notes:
What are the conditions for Enterprise Coverage to kick in? |
-At least 2 employees of the business are employed in jobs closely related to interstate commerce or the production of goods or services for interstate commerce
-the business has annual gross sales of $500,000 |
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2010 Ch02 Gen Notes:
What businesses are specifically covered by the FLSA regardless of annual sales volume? |
-hospitals
-nursing homes -elementary and secondary schools and colleges -public (government) agencies |
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2010 Ch02 Gen Notes:
What are Exempt Employees? |
Exempt employees are thos who do not have to be paid the required minimum wage or overtime payrments, and the employer does not have to keep certain records detailing their work.
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2010 Ch02 Gen Notes:
What is the minimum $$ qualification to be considered as an exempt employee |
$455.00 per week or $23,660 per year
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2010 Ch02 Gen Notes:
Retail or service industries are exempt from overtime requirements if: |
1. Regular rate of pay (on a weekly basis) is at least 1 1/2 times of Fed minimum wage, and
2. More than half of their pay comes from commissions |
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2010 Ch02 Gen Notes:
What is the current Federal minimum wage and the effective date of it? |
$7.25 per hour
July 24, 2009 |
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2010 Ch02 Gen Notes:
What types of pay is in the regular rate of pay? |
-Hourly or contract wages
-Shift differential -Nondiscretionary bonus -Fair market value of goods or services -Retroactive pay -On-call pay -Supplemental disability -Sick leave buy back |
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2010 Ch02 Gen Notes:
What types of pay is NOT in the regular rate of pay? |
-Gifts
-Paid time off and reimbursed expenses -Discretionary bonuses -Volunteer work counted toward group's bonus -Benefit plan contributions -Stock options -Overtime compensation -Paid time not worked (sick, holiday, etc) -Premium pay for extra days worked (weekend/holidays if they are paid 1 1/2 their regular pay) -Premium pay under a union contract for extra hours |
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2010 Ch02 Gen Notes:
The Portal-to-Portal Act of 1947 |
The activities which are "preliminary or postliminary" to an employee's pricipal work activities are not compensable worktime unless a contract or custom of the employer makes them compensable. Such as:
-Changing clothes -Security procedures -Cleaning up -De minimum time -Time clock difference |
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2010 Ch02 Gen Notes:
Jobs for Minors under 18 |
Nothing the Wage and Hour Division declared hazardous such as:
-Logging -Woodworking -Meat Packing -Construction -Dangerous machinery |
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2010 Ch02 Gen Notes:
Restriction of minors 14 and 15 |
-Limited number of nonhazardous jobs in retail and food services, and gasoline establishments.
-Cannot work during school hours -When school is not in session, 8 hours per day and 40 hours per week -When school is in session, 3 hours a day and 18 hours per week -Between 7 am to 7 pm -Between 7 am to 9 pm from June 1 to Labor Day |
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2010 Ch02 Gen Notes:
Restriction of minors under 14 |
-Generally prohibited, unless the minor is working for a parent, and even those cannot be hazardous or in mining or manufacturing
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2010 Ch02 Gen Notes:
Exceptions to the Child Labor Restrictions |
-Agricultural occupations, especially where the minor is employed by his or her parents.
-Actors or performers in the movies, television, theater, or radio -News carriers -Homeworkers making Christmas wreaths |
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2010 Ch02 Gen Notes:
Statute of limitations |
for minimum wage and overtime:
2 years or 3 if willful |
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2010 Ch02 Gen Notes:
Minimum wage and overtime violation fines |
$1,100 for each violation
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2010 Ch02 Gen Notes:
Child Labor violation fines |
$11,000 for each violation
Up to $50,000 for each violation that causes the death or serious injury of a minor |
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2010 Ch02 Gen Notes:
Willful violation of FLSA can be fined... |
Up to $10,000 and the officer imprisoned for up to 6 months for 2nd and 3rd offenses
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2010 Ch02 Gen Notes:
The Walsh-Healey Public Contracts Act |
Governs the wages and hours of employees of manufacturers
and dealers furnishing the federal government with materials, supplies, and equipment under contracts exceeding $10,000. |
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2010 Ch02 Gen Notes:
What does the Walsh-Healey Public Contracts Act requires |
For Covered employees:
-To be paid 1 1/2 of their basic (regular) rate of pay -To be paid the prevailing minimum wage (of same or similar industry, in the same locality) |
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2010 Ch02 Gen Notes:
Davis-Beacon Act |
The Secretary of Labor sets prevailing minimum wage standards for laborers
and mechanics working on federally financed construction contracts of $2,000 or more. |
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2010 Ch02 Gen Notes:
Which employees are covered under Davis-Beacon Act? |
Set standards for specific job classifications. A certain level of fringe benefits may also
be required to be paid if they are not already required by another federal or state law. In determining the overtime due, the regular rate is the hourly rate plus fringe benefits unless the total is greater than that required by the Secretary of Labor. |
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2010 Ch02 Gen Notes:
The Contract Work Hours and Safety Standards Act |
Requires contractors with the federal government (not those already covered by Walsh-Healey or Davis-Bacon) to pay employees overtime of at least 1 1/2 times their "basic rate"
Overtime must be paid only for work covered by the contract (Walsh-Healey applies to both covered and uncovered work). The basic rate is the same as the employee's regular rate under the FLSA. Violators are subject to liquidated damages of $10 per day for each employee working in violation of the Act. Such amounts can be withheld from amounts owed the contractor under its contract with the federal government. |
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2010 Ch02 Gen Notes:
The McNamara-O'Hara Service Contract Act |
-Provides services to the Feds.
-Contracts over $2,500 and -Be paid be paid the prevailing minimum wages and fringe benefits based on the wages and benefits for similar employment in the locality or on a collective bargaining agreement (the Secretary of Labor decides), but no less than the minimum wage under the FLSA. Nonservice employees and employees working on contracts of up to $2,500 must be paid the minimum wage required by the FLSA. Fringe benefits not included in the regular rate under the FLSA are also not included in the basic rate for overtime purposes under the Service Contract Act. |
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2010 Ch02 Gen Notes:
Copeland Anti-Kickback Act |
For federally-financed construction contracts.
Employers are prohibited from forcing employees to surrender or ''kick back" compensation to which the employees are lawfully entitled. Broader than Davis-Bacon Act in two respects: • It covers all employees actually working on a covered contract • It covers all construction contracts financed in whole or in part by federal funds regardless of the dollar amount |
