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19 Cards in this Set
- Front
- Back
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The FLSA enforced by the DOL regulates...
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Fair Labor Standards Act
Minimum wage, overtime and child labor |
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Time off in lieu of overtime pay is called....
Variable time Compensatory time Comparable time Punitive time |
Compensatory time
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An independent contractor is someone who..
A is hired for a temporary assignment B is covered by the FLSA in a special category C Makes services available to many employers D Performs services personally for the employer |
C Makes services available to many employers. IRS has 20 factor test to determine eligibility. Like does the person use their own tool. Do they assume risk
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FSLA 1938
Federal Minimum Wage Overtime Exempt Non-Exempt What is the difference |
Non-exempt is paid for every hour worked.
Must comply with all FSLA laws |
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Is compensatory Time in Lieu of Overtime pay legal?
What is the rate? |
No, it's generally illegal for private ERs. May offset time within same work week. Like work one less day to offset hours.
The rate is 1.5 hours for every hour over 40 in a week |
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Can Federal, state and local govts offer comp time
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Only in certain circumstances.
Upto 240 hours (30 days) Police/Fire 480 hours (60) days |
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What is the FSLA salary test for determing exempt status?
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Minimum salary under $23,660 a year or $455 a week is definately non exempt.
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What is Super Salary Test for FSLA?
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Super Salary test for highly compensated EE, paid over $100,000 yr, most likely exempt if regulary performs duties of excempt employees
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The FLSA enforced by the DOL regulates...
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Fair Labor Standards Act
Minimum wage, overtime and child labor |
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Time off in lieu of overtime pay is called....
Variable time Compensatory time Comparable time Punitive time |
Compensatory time
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FSLA - What qualifies the Special Exemption of business owners?
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a EE who owns a bona fide 20% of equity interest in company and active in mgmt and considered a bona fide exempt executive
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FSLA - What qualifies the Special Exemption of Executive Exemption
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Must have 2 + full time EE that they manage
Primary duty is managing enterprise Can hire, fire, promote |
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FSLA - What qualifies the Special Exemption of Computer related occupations?
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If paid $27.63 an hour or
designs applications or systems analysis |
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Are Independent contractors covered by FLSA?
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If they contract with the ER and are not EE
Plus pass 20 factor test from IRS |
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What are permissable jobs for child labor ?
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18+ years - any job
16 & 17 - any non-hazardous job and limited driving 14 & 15 - May work outside of school hours in non-manufactoring, non-hazordous job Youth any age - deliver papers , movies, work for parents |
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Prevailing Wage Laws
Establishing minimum wages and benefits on federal projects to be paid similar to what other workers are doing in same job - Davis Bacon - Act 1931 |
Covers workers on federal construction projects worth more than $2000
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Prevailing Wage Laws
Establishing minimum wages and benefits on federal projects to be paid similar to what other workers are doing in same job - Walsh Healy Public Contract Act 1936 |
Government contracts for supplies, equipment and materials over $100,000
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Prevailing Wage Laws
Establishing minimum wages and benefits on federal projects to be paid similar to what other workers are doing in same job - Service Contract Act |
Govnt services contracts over $2,500
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Prevailing Wage Laws
Establishing minimum wages and benefits on federal projects to be paid similar to what other workers are doing in same job - Defense Authorization Bill 1986 |
Now federal contractors may pay overtime after 40 hrs week but not 8 hour day
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