Wage-Hour Compliance Handbook: Practical Guide to Law and Administration is the most comprehensive reference available to payroll practitioners, human resource managers, and business owners. This one-of-a-kind reference includes plain-English explanations of the laws and how they affect you. The information for each state is organized in the same manner, making it fast and easy to cross-reference. The following topics are included for each state:
- Deductions from wages
- Minimum wage
- Overtime
- Payday law
- Garnishment and other court orders
- Child labor
- Meal and rest periods
- Jury duty
- Prevailing wages
- Equal pay act
- Family and medical leave
- Military leave
- State posting requirements
Includes Numerous Tools to Make Your Job Easier!
In addition, this unique resource provides numerous tools to help you comply with all wage-hour requirements, including:
- Time and money saving tips
- Checklists
- State law summaries
- Court case analyses
- Forms
- Posters
- Directories of state and local wage-hour contacts
- Web sites
- Index
- And much more!
The 2013 Edition of Wage-Hour Compliance Handbook contains the latest federal and state wage and hour information needed to comply with the various wage-hour laws and regulations. Highlights of the new edition include new or expanded coverage of:
- Significant new court cases affecting the minimum wage and overtime exemptions
- State law changes targeting employment of undocumented workers
- A major overtime victory for pharmaceutical company employers
- Up-to-date facts and figures on state wage-hour requirements, including the 2013 state minimum wage rates
- Case law developments on compensation for preliminary and postliminary activities
- New guidance on intermittent family and medical leave
- The up-to-date requirements for verifying employees' work eligibility
- Key guidance on rounding hours worked
- Important developments for employers of in-home companions
- Latest family leave rules for military families
- Revised workplace posters and wage-hour forms
- 1. INTRODUCTION TO WAGE-HOUR COMPLIANCE
- How This Handbook Can Help
- 2. EMPLOYEE ELIGIBILITY TO EARN WAGES
- Overview of Federal Work Eligibility Requirements
- Eligible Workers
- Employment Eligibility Verification
- Documentation
- Lists of Acceptable Documents
- Unlawful Discrimination
- IMAGE Program
- The E-Verify Program
- Employment of Unauthorized Aliens
- No-Match Letters
- State Legislation Related to the Employment of Undocumented Workers
- 3. THE FAIR LABOR STANDARDS ACT (FLSA)
- Overview
- How to Determine Who Is Covered by the FLSA
- Minimum Wage Standards Under the FLSA
- Determining the Applicable Wage Rate of an Employee
- Form of Wages and Permissible Deductions
- Uniforms
- Other Items
- Trouble Spots
- White-Collar Employees
- Tip Credits Against the Minimum Wage
- Overtime Compensation
- What Is a Workweek?
- The Regular Rate of Pay
- Examples of Regular Rate Computations:
- Overtime Based on Agreement or Understanding
- Time Off in Lieu of Cash Overtime Compensation
- Joint Employers
- Compensable Hours Worked
- Waiting Time or "On Call" Time
- Rest Periods and Other Break Time
- Meal Time
- Sleeping Time
- Training Time
- Travel Time
- Preliminary and "Postliminary" Activities
- Unauthorized Work
- Child Labor Provisions of the FLSA
- Coverage of the Youth Employment Rules
- Minors Under 16
- Minors 16 and 17 Years Old
- Exceptions
- School-to-Work Programs
- Recordkeeping
- Basic Records to Keep
- White-Collar Rules
- Record Retention for Three Years
- Record Retention for Two Years
- Notices to Post
- Youth and Subminimum Wages
- Learners
- Apprentices
- Messengers
- Full-Time Students
- Student-Learners
- Workers with Disabilities
- State Summary Charts
- State Child Labor Guidelines
- New-Hire Reporting Requirements
- 4. EXEMPTIONS FROM THE FLSA'S MINIMUM WAGE AND OVERTIME COMPENSATION PROVISIONS
- Introduction
- White-Collar Exemptions
- Salary Level Test
- Salary Basis Test
- Model Salary Basis Policy
- Salary Basis Requirement
- Circumstances in Which the Employer May Make Deductions from Pay
- Company Policy
- What to Do If an Improper Deduction Occurs
- Duties Test - Executives
- Administrative Employees
- Duties Test - Professionals
- Computer Employees
- Outside Sales Employee
- Combination Exemption
- Specific Industry Exemptions Under FLSA
- Exempt from Both Minimum Wage and Overtime Compensation
- Requirements
- Exempt from Overtime Compensation Requirements Only
- Partial Exemption from Minimum-Wage Requirements Only
- Planning for and Conducting a Wage-Hour Audit
- Compliance Checklists
- Time Records Checklist
- Child Labor Checklist
- Payroll Records Checklist
- General Compliance Considerations
- Class Action Lawsuits Loom Large
- How Real Is the Threat?
- Risk Grows as Layoffs Increase
- Where the Risk Is Greatest
- Audit and Fix
- Other Preventive Measures
- The Bottom Line
- 5. THE EQUAL PAY ACT AND OTHER NONDISCRIMINATION LAWS
- Introduction
- Equal Pay Act
- Key Terms
- Consistency is Key
- Important Issues
- Title VII of the Civil Rights Act of 1964
- Pay Discrimination Claims
- Protecting Yourself Against Wage-Based Discrimination
- Compliance Strategies Under the EPA
- 6. THE FAMILY AND MEDICAL LEAVE ACT
- Overview
- Purpose of the FMLA
- Employee Eligibility
- Basic Family Leave
- Military Family Leave
- 12-Month Employment Requirement
- Counting Employees at Worksite
- Counting Work Hours
- Which Employees Are Counted?
- Computing the 12-Month Period
- Date Leave Begins Determines Eligibility
- Different Types of Leave
- FMLA Leave for a New Child
- FMLA to Care for a Family Member
- Military Family Qualifying Exigency Leave
- Military Family Leave to Care for a Covered Servicemember
- Intermittent/Reduced Schedule Leave
- Intermittent Leave and the FLSA
- State and Federal Laws and Company Policy
- FMLA Does Not Supersede More Generous Leave Rights
- The FMLA and the ADA
- The FMLA and Workers' Compensation
- The FMLA and the PDA
- The FMLA and COBRA
- Company Policy
- Posting Requirements
- Other Notices to Employees
- Recordkeeping Requirements
- Granting and Designation of Leave
- Employer Responsibilities Under the FMLA
- Violations
- Employee Responsibilities Under the FMLA
- Notice
- Certification of FMLA Eligibility
- Required Certifications
- Certification of a Serious Health Condition
- Certification of Family Military "Qualifying Exigency" Leave 6-
- Certification of Family Military Caregiver Leave
- Making Contact with the Employee at Home
- Return to Work and Fitness for Duty
- Failure to Provide Certification
- Employee Complaints Under the FMLA
- Paid or Unpaid Leave
- Employers May Require Use of Accrued Paid Time
- Pay and Benefits During Leave
- Deducting Hourly Amounts
- Group Health Plan Benefits
- Paying Group Health Benefit Premiums
- Consequences of Failure to Make Payments
- Cafeteria Plans
- Recovering Costs
- COBRA Health Care Continuation Coverage
- Other Employee Benefits
- Sick Leave Donations
- FMLA and No-Fault Absence Policies
- FMLA and Bonus Programs
- Planned Closings
- Employment Protection
- Restoring Employee to Previous Position
- Employee Protection from Retaliation
- Benefits
- Light Duty
- The Right Not to Reinstate
- Corporations and Joint Employment
- Counting Employees
- Joint Employment
- Definitions
- Key Terms and Phrases
- Additional Information
- Checklists
- Compliance Strategy Checklist
- Employee Expectations and Obligations Checklist
- Employer Notices Checklist
- Employer Recordkeeping Checklist
- Employer Pay and Benefits Checklist
- Military Leave Reemployment Rights
- USERRA Basics
- Covered Employers
- Covered Employees
- Notice Requirements
- Employee Status During Leave
- Use of Accrued Leave During Military Service
- Benefits During Military Leave
- Reemployment Rights
- Benefits Following Leave
- Service Time Counts Toward FMLA Eligibility
- Posting Requirement
- More Resources for USERRA Information
- 7. THE DAVIS-BACON AND McNAMARA-O’HARA SERVICE CONTRACT ACTS
- Introduction
- Davis-Bacon Act
- Who and What Are Covered
- Who and What Are Not Covered
- Application and Enforcement
- McNamara-O'Hara Service Contract Act
- Who and What Are Covered
- Who and What Are Not Covered
- Application and Enforcement
- Compliance Strategies
- 8. THE WALSH-HEALEY PUBLIC CONTRACTS ACT
- Introduction
- Basic Rules
- Compliance Checklist
- Notice of Employee Rights Under Federal Labor Laws
- 9. STATE WAGE AND HOUR LAWS
- Minimum Wage
- Overtime
- Child Labor
- Payday Law
- Garnishment and Other Court Orders
- Meal and Rest Periods
- Jury Duty
- Voting Leave
- Prevailing Wages
- Equal Pay Act
- Family and Medical Leave
- Military Leave
- Disaster and Emergency Services Leave
- State Posting Requirements
- 10. FORMS, PUBLICATIONS, AND POSTERS
- Workplace Posters
- Wage-Hour Forms
- Government Contractor Forms
- Family and Medical Leave Act Forms
- Work Eligibility Forms
- 11. FEDERAL AND STATE DIRECTORIES
- US Department of Labor (www.dol.gov)
- Key Personnel
- Wage and Hour Division
- Wage and Hour Regional Administrators
- District Offices
- US Equal Employment Opportunity Commission (www.eeoc.gov)
- Headquarters
- EEOC Offices
- State Wage-Hour Agencies
- 12. WAGE-HOUR WEBSITES
Terence M. Myers, J.D.,is a graduate of Georgetown University and the National Law Center, George Washington University. He is former managing editor of the Tax & Professional Practice unit of Prentice Hall. He has more than 25 years of experience launching, writing, and editing tax and business publications.
Dorinda D. DeScherer, J.D., is a graduate of Barnard College of Columbia University and the University of Maryland School of Law. She was formerly associate managing editor for Prentice Hall Information Services where she had primary responsibility for special projects, including explanatory materials on new tax laws. Ms. DeScherer has more than 25 year of writing and editing experience for a wide range of tax and business publications.
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