Simplify Complicated Wage and Hour Rules and Stay in Compliance!

Wage and Hour Answer Book, 2013 Edition

Wage and Hour Answer Book, 2013 Edition by Littler Mendelson, P.C.
Wage and Hour Answer Book provides guidance that will save you valuable time and help you stay in compliance, including real-world, detailed examples that simplify complicated overtime pay, hours worked, and other calculations. Read more >

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Format:
  • Author(s): Littler Mendelson, P.C.
  • Media: Hardcover
  • Pages: 672
  • Supplement Date: 10/25/2012
  • Publication Frequency: Published annually
  • Offer Number/PIN: 1454808543
  • ISBN: 9781454808541
  • ETA: Available: Item ships in 3-5 Business Days
  • Product Line: Aspen Publishers
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The Wage and Hour Answer Book provides guidance that will save you valuable time and help you stay in compliance, including:

  • Real-world, detailed examples that simplify complicated overtime pay, hours worked, and other calculations
  • Tips and precautions to help you avoid non-compliance
  • Insightful discussions of gray and evolving areas so you can intelligently plan for the future
  • Fully up-to-date citations to controlling regulations and case law
  • And more!

Wage and Hour Answer Book gives you authoritative, plain-English explanations of how and - when - the Fair Labor Standards Act (FLSA) and other wage and hour laws govern the employer-employee relationship, and what may happen when violations occur.

Wage and Hour Answer Book, 2013 Edition has been updated to include coverage of:

  • Analysis of Supreme Court decision about outside sales exemption for pharmaceutical sales rep
  • How the DOL's Plan/Prevent/Protect strategy will affect employers
  • New case challenges whether employees' average pay exceeding the minimum wage amount is enough or if employees must be paid at least the minimum wage for each hour worked
  • Explanation of recent rulings regarding the administrative exemption being applied to employees in the insurance industry
  • How overtime should be calculated when an employee was misclassified
  • Why one court recently found that the affirmative steps taken by an employer did not warrant an assessment of liquidated damages
  • Summary of new case about an enterprise being engaged in commerce
  • Re-proposed child labor regulations on parental exemption
  • The factors found sufficient to establish that a retail store manager was an exempt executive
  • New case sheds light on what is considered a working arrangement under the Migrant and Seasonal Agricultural Worker Protection Act
  • The basis for a court's decision on whether a quality assurance manager was an exempt employee
  • DOL's position about restricting tip pooling when no tip credit occurs
  • Why employers should be concerned about a new app from the DOL
  • The degree of specificity of an affirmative defense pleaded in an answer
  • Summary of new case examining joint employment between a farm labor contractor and an employer
  • And much more!

  • 1. Introduction and Overview of the Fair Labor Standards Act and Amendments
    • Coverage
    • Administration
    • Minimum Wage Rates
    • Overtime Pay
    • Recordkeeping
    • Posting
    • Child Labor
    • Enforcement
  • 2. Determining Coverage Under the Fair Labor Standards Act
    • Covered Employees
    • Employer-Employee Relationship
    • Joint Employment Relationship
  • 3. Minimum Wage Issues
    • Uniforms
    • Tip Credits
    • Deductions from Wages
    • State Minimum Wage
  • 4.White-Collar Exempt Employees
    • Executives
    • Administrative Exemption
    • Professionals
    • Computer Employees
    • Public Sector Employees Who Are Executives, Administrators, or Professionals
    • Outside Salespersons
    • General Concepts
  • 5. Other Exemptions from Minimum Wage and Overtime Pay
    • Completely Exempt Employees
    • Partially Exempt Employees
    • Exempt Minors
    • Recordkeeping for Exempt Employees
  • 6. Computation of Hours Worked
    • Hours Worked Defined
    • Incidental Activities
    • Training Time
    • Sleeping Time
    • Volunteer Work
    • Waiting Time or On-Call Time
    • Travel Time
    • Special Public Employee Issues
    • Exercise Time
  • 7. Overtime Pay
    • Basic Overtime Obligation
    • The Workweek
    • The Regular Rate
    • The Regular Rate Exclusions
    • Effect of Bonuses, Job Rate, Day Rate, Piece Rate, Commissions, or Fluctuating Workweek Salary on Calculating the Regular Rate
    • Use of Two or More Wage Rates
    • Effect of Premium Pay on the Regular Rate
    • Basic Rate as an Alternative to Weekly Calculation of the Regular Rate
    • Trading Hours of Work
    • Compensatory Time Off
    • Belo Contracts
    • Partial Overtime Exemptions
    • Collective Bargaining and Overtime
    • Miscellaneous
    • State Law
  • 8. Employer's Recordkeeping Obligations
    • General Information Required
    • Recording Time Worked
    • Specific Information Required
    • Time for Maintaining Records
  • 9. Child Labor Restrictions Under the FLSA
    • Employers Subject to Federal Child Labor Laws
    • Minimum Ages for Employment and Restrictions on Hours of Work
    • Hazardous Duties Outside of Agriculture
    • Hazardous Duties in Agriculture
    • Age Certificates
    • Child Regulations Relating to Public Contractors
    • Penalties
  • 10. Alternatives for FLSA Compliance
    • Strategies for Attaining FLSA Compliance
    • Compliance Alternatives
    • White-Collar Exemptions
    • Reduced Hourly Wage Rate
  • 11. Government Contracts
    • Walsh-Healey Public Contracts Act
    • McNamara-O’Hara Service Contract Act
    • Davis-Bacon Act
    • Contract Work Hours and Safety Standards Act
    • Copeland Anti-Kickback Act
  • 12. Litigation and Defense Issues: Portal to Portal Act
    • General Application
    • Statute of Limitations
    • Employer Defenses
    • Liquidated Damages
  • 13. Investigations by the Wage and Hour Division
    • The Complaint
    • The Investigation
  • 14. Penalties for Violations of the FLSA
    • Recovery of Unpaid Wages and Liquidated Damages
    • Civil Money Penalties
    • Injunctive Relief
    • Action by More Than One Plaintiff
    • Criminal Penalties
    • Manager of Business as Employer
    • Prohibition of Retaliation Against Employees
    • Punitive Damages
    • Hot Goods
  • 15. Migrant and Seasonal Agricultural Worker Protection Act
    • General Concepts
    • Employer Obligations
    • FLC Registration
    • Common Mistakes
    • Miscellaneous Additional Provisions
  • APPENDIX A: General Information and Publications
  • APPENDIX B: Fair Labor Standards Act
  • APPENDIX C: White-Collar Regulations

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Littler Mendelson is the nation's largest labor and employment law firm representing management. With over 800 attorneys and 50 offices in major metropolitan across nationwide, Littler is exclusively devoted to representing management in employment, employee benefits, and labor law matters.

The firm was founded in 1942 to represent employers in public and private sector labor issues. Its attorneys quickly gained a reputation as aggressive problem solvers, handling precedent-setting labor relations cases in the food, trucking, and lumber industries. With the passage of the Civil Rights Act of 1964 and subsequent legislation involving a wide range of workplace issues, employers' needs expanded - and Littler responded.

Littler attorneys are experienced in the many subtleties of employment law. Yet we provide clients with the added value that comes from our understanding of how companies do business. As a law firm, Littler Mendelson has represented more than 50,000 employers in virtually every industry. We have an extensive track record of representing major corporations on both a regional and national basis in employment litigation and related matters. As a result, we are knowledgeable on issues affecting small companies as well as some of the world's largest corporations.

One of Littler's premier practice groups is the Wage and Hour Practice Group. With a nationwide employment practice that extends into practically every state, attorneys in Littler's Wage and Hour Practice Group are uniquely qualified to defend clients against state wage and hour claims, wherever clients do business. Littler attorneys throughout the country handle hundreds of state wage and hour cases each year, creating a huge knowledge base through which attorneys share solutions to the particular problems each client faces.

The attorneys in the Wage and Hour Practice Group who contributed to the 2013 Edition of the Wage and Hour Answer Book include:

Contributing Editor:

  • R. Brian Dixon (Co-Chair of Littler's Wage and Hour Practice Group), Shareholder (San Francisco)

Contributing Authors:

  • Meghann J. Barloewen, Associate (Los Angeles)
  • Jason M. Branciforte, Shareholder (Washington, D.C.)
  • Melodie K. Craft, Shareholder (Dallas)
  • Whitney M. Ferrer, Shareholder (Atlanta)
  • Van A. Goodwin, Shareholder (San Diego)
  • S. Libby Henninger, Associate (Washington, D.C.)
  • Michelle B. Heverly, Shareholder (San Jose)
  • Alison S. Hightower, Shareholder (San Francisco)
  • Tammy D. McCutchen, Shareholder (Washington, D.C.)
  • Andrea R. Milano, Associate (San Francisco)
  • Marlene S. Muraco, Shareholder (San Jose)
  • Benson E. Pope, Associate (Atlanta)
  • Patricia E. Reilly, Shareholder (New Haven)
  • Stephen P. Rosenberg, Associate (New Haven)
  • Rick D. Roskelley, Shareholder (Las Vegas)
  • Andrew J. Voss, Shareholder (Minneapolis)
  • Joe Weiner, Associate (Minneapolis)

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