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Wage Hour Compliance Handbook, 2020 Edition by Dorinda D. DeScherer Wage Hour Compliance Handbook, 2020 Edition by Dorinda D. DeScherer

Wage Hour Compliance Handbook, 2021 Edition

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Overview

This all-inclusive, practical desk reference provides human resources (HR) and payroll practitioners with plain-English explanations of federal and state wage-hour laws. This timesaving handbook, updated regularly, contains concise and easy-to-understand explanations of the federal Fair Labor Standards Act's (FLSA's) minimum wage and overtime requirements. In addition, you will find important guidance on how federal and state minimum wage and overtime laws—the laws that apply in your state and in any state in which you have employees—interact and apply to your business operations. Wage-Hour Compliance Handbook also includes summaries of actual court cases that illustrate the law's "real-world" application. Other important features include details on key pay-related mandates (such as permissible deductions, your deadline for issuing employees' pay, state child labor restrictions, and pay requirements for jury duty and military leave); a directory of federal and state wage-hour regulatory agencies; special standalone chapters on equal pay and family leave; and an array of practical checklists and forms that give you a user-friendly template for complying with the law.

The 2021 Edition of Wage-Hour Compliance Handbook contains the latest federal and state wage and hour information needed by HR and payroll professionals to comply with the various wage-hour laws and regulations.

Highlights of the 2021 Edition include:

  • A key Supreme Court decision on the Deferred Action for Childhood Arrivals (DACA) program
  • A new Supreme Court case on Form I-9 information
  • Penalty amounts for FLSA slip-ups
  • Rules for using a basic rate to compute overtime
  • Update on new regulations for joint employers under the FLSA
  • Guidance on third-party payments and the minimum wage
  • How bonus pay factors into the regular rate
  • Child labor rules for "virtual school"
  • New rulings on outside sales employees
  • A new case on day rates for exempt employees
  • Key requirements for fluctuating workweek overtime
  • Information on EEO-1 pay data reporting
  • The Supreme Court's decision on employment discrimination
  • Fringe benefit requirements for federal contractors
  • State minimum wage rates for 2021
  • Developments in state wage and hour law
  • Wage-hour forms, publications, and posters for 2021

Note: Online subscriptions are for three-month periods.

Previous Edition: Wage Hour Compliance Handbook, 2020 Edition, ISBN 9781543811278

Pages 950
Last Updated 12/11/2020
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543824575
SKU 10083616-7777
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
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