Wage-Hour Compliance Handbook, 2013 Edition

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