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Wage Hour Compliance Handbook, 2020 Edition
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Overview
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!
Note: Online subscriptions are for three-month periods.
Previous Edition: Wage Hour Compliance Handbook, 2019 Edition, ISBN 9781543802641¿
| Last Updated | 12/02/2019 |
|---|---|
| Update Frequency | Annually |
| Product Line | Wolters Kluwer Legal & Regulatory U.S. |
| ISBN | 9781543811278 |
| SKU | 10071578-7777 |
| Publish Frequency | Annually |
|---|---|
| Product Line | Wolters Kluwer Legal & Regulatory U.S. |
| SKU | 000000000010073242 |
Table of Contents
- 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
About The Experts
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