Flsa Flashcards

Front 1

What does the FLSA require?

Back 1

Employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay

Front 2

How does the DOL define a workweek for purposes of the FLSA

Back 2

any "seven consecutive 24-hour pay periods"

Front 3

Pay for hours worked may include any of the following:

Back 3

1. Performing duties within the scope of the employee's employment
2. Meal periods taken while continuing to work
3. travel to customers
4. travel from work site to outlying job and from job site to job site
5. waiting for work after reporting at a required time
6. performing duties under loan or as "volunteer" for another unit of employer
7. Donning and doffing of required protective clothing

Front 4

What are the white collar exemptions to the FLSA

Back 4

any employee employed in a bona fide
1. executive
2. administrative
3. professional capacity
4. capacity of outside salesman

Front 5

Salary-Basis Test

Back 5

Under FLSA to qualify for exemption, must be paid on salary basis. This means:
1. except for a few exceptions, exempt employees must receive their full salary for any week in which they performed work, regardless of the number of days or hours they worked
2. an emplyoee will not be considered paid on a salary basis of the employer makes deductions from his or her predetermined salary

Front 6

What is the minimum salary to qualify for an exemption?

Back 6

Employee must be compensated on salary basis at rate not less than $455 per week. Overtime is guaranteed for all employees earning less than this.

Front 7

What is the Highly Compensated Employee Test

Back 7

Employees with total annual compensation of at least $100,000 are exempt IF the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrativ, or professional employee

Front 8

What is included in Total annual compensation for highly compensated employees?

Back 8

At least $455 per week paid on salary basis, but including commissions, nondiscretionary bonuses, and other nondiscretionary compensation. It does NOT include board, lodging, life and or medical insurance, retirement plan contributions, or the cost of fringe benefits

Front 9

What is the EE's "primary duty"?

Back 9

This is the principal, main, major or most important duty an employee performs. Time spent performing is useful guide, but is not conclusive.

Front 10

What is an executive EE that will meet the exemption standards

Back 10

1. Primary duty consists of management of the enterprise in which the employee is employed or of a customarily recognized dept or subdivision thereof
2. customarily and regularly directs the work of two or more other employees in the enterprise or subdivision; and
3. who has "authority to hire or fire other EEs" or whose suggestions or recommendations as to hiring, firing, advancement, promotion, or any other change of status are given particular weight.

Front 11

Administrative Exemption

Back 11

Primary duty consists of:
1. performance of office or non-manual work directly related to management or general business operations of the employer, or (b) the performance of functions in the administration of a school system or educational establishment or institution in work directly related to the academic instruction or training carried on therein
2. who customarily and regularly exercises discretion and independent judgment with respect to matters of signifiance
3. who either (a) regularly and directly assists an executive or administrative employee, (b) performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge; or (c) executes under only general supervision special assignments and tasks
4. who does not devote more than 20% of a given workweek to non-exempt work
5. who holds a position of responsibility with the employer, defined as either: (i) performing work of substantial importance, or (ii) performing work requiring a high level of skill or training.

Front 12

Professional Exemption

Back 12

primary duty is performance of work requiring knowledge of an advanced type (intellectual in character) in a field of science or learning customarily acquired by prolonged course of specialized intellectual instruction
2. Primary duty must involve
a. the performance of work requiring advanced knowledge
b. the advanced knowledge must be in a field of science or learning; and
c. the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual study.

Front 13

Record Keeping Requirement

Back 13

Records must be kept for both exempt and non-exempt EEs. DOL requires certain info to be kept and failure to do so will create an adverse inference against an employer in a wage and hour proceeding

Front 14

Retaliation

Back 14

It is unlawful for any person to discharge or discriminate against an EE because that person has filed a complaint or instituted or caused to be instituted a proceedingd under or related to the FLSA

Front 15

Posting Notices

Back 15

ERs must post in a conspicuous place a notice explaining the FLSA.

Front 16

Remedies under the FLSA

Back 16

1. Back pay (sum of overtime wages due)
2. equal amount of compensation as liquidated damages
3. attorneys' fees and court costs
4. possibility of fines and imprisonment.