· 1. INTRODUCTION TO WAGE-HOUR COMPLIANCE
o How This Handbook Can Help
· 2. EMPLOYEE ELIGIBILITY TO EARN WAGES
o Introduction
o Overview of Federal Work Eligibility Requirements
o Eligible Workers
o Employment Eligibility Verification
o Documentation
o Lists of Acceptable Documents
o I-9 Enforcement
o Anti-Discrimination Requirements
o IMAGE Program
o The E-Verify Program
o Employment of Unauthorized Aliens
o No-Match Letters
o State Legislation Related to the Employment of Undocumented Workers
· 3. THE FAIR LABOR STANDARDS ACT (FLSA)
o Overview
o How to Determine Who Is Covered by the FLSA
o Minimum Wage Standards Under the FLSA
o Determining the Applicable Wage Rate of an Employee
o Form of Wages and Permissible Deductions
o Uniforms
o Wage Deduction Trouble Spots
o White-Collar Employees
o Tip Credits Against the Minimum Wage
o Overtime Compensation
o What Is a Workweek?
o The Regular Rate of Pay
o Examples of Regular Rate Computations
o Overtime Based on Agreement or Understanding
o Time Off in Lieu of Cash Overtime Compensation
o Joint Employers
o Compensable Hours Worked
o Waiting Time or "On Call" Time
o Rest Periods and Other Break Time
o Break Time for Nursing Mothers
o Meal Time
o Sleeping Time
o Training Time
o Travel Time
o Preliminary and "Postliminary" Activities
o Unauthorized Work
o Child Labor Provisions of the FLSA
o Coverage of the Youth Employment Rules
o Minors Under 16
o Minors 16 and 17 Years Old
o Exceptions
o School-to-Work Programs
o Youth and Subminimum Wages
o Learners
o Apprentices
o Messengers
o Full-Time Students
o Student-Learners
o Internship Programs
o Workers with Disabilities
o Executive Order Minimum Wage for Federal Contracts
o Covered Contracts
o Covered Employees
o Minimum Wage Requirements
o Minimum Wage Enforcement
o Recordkeeping
o Basic Records to Keep
o White-Collar Rules
o Record Retention for Three Years
o Record Retention for Two Years
o Notices to Post
o State Summary Charts
o State Child Labor Guidelines
o New-Hire Reporting Requirements
· 4. EXEMPTIONS FROM THE FLSA'S MINIMUM WAGE AND OVERTIME COMPENSATION PROVISIONS
o Introduction
o White-Collar Exemptions
o Salary Level Test
o Salary Basis Test
o Duties Test—Executives
o Duties Test—Administrative Employees
o Duties Test—Professionals
o Highly Compensated Employees
o Computer Employees
o Outside Sales Employee
o Motion Picture Industry Employees
o Combination Exemption
o Specific Industry Exemptions Under FLSA
o Exempt from Both Minimum Wage and Overtime Compensation Requirements
o Exempt from Overtime Compensation Requirements Only
o Partial Exemption from Minimum-Wage Requirements Only
o Planning for and Conducting a Wage-Hour Audit
o Compliance Checklists
o Time Records Checklist
o Child Labor Checklist
o Payroll Records Checklist
o General Compliance Considerations
· 5. THE EQUAL PAY ACT AND OTHER NONDISCRIMINATION LAWS
o Introduction
o Equal Pay Act
o Exceptions
o Recordkeeping
o Enforcement
o Key Terms Used in the EPA
o EPA Compliance
o EPA Compliance Strategies
o Other Anti-Discrimination Requirements
o Pay Discrimination Claims
o EEO-1 Employer Information Report
· 6. FAMILY AND MEDICAL LEAVE ACT
o Purpose of the FMLA
o Covered Employers
o Employee Eligibility
o 12-Month Employment Requirement
o Counting Employees at Worksite
o Counting Work Hours
o Date Leave Begins Determines Eligibility
o Corporations and Joint Employment
o Counting Employees
o Joint Employment
o Types of Family and Medical Leave
o Basic Family Leave
o Military Family Leave
o FMLA Leave for a New Child
o FMLA to Care for a Family Member
o Military Family Qualifying Exigency Leave
o Military Family Leave to Care for a Covered Servicemember
o Calculating Family Leave
o Computing the 12-Month Leave Period
o Intermittent/Reduced Schedule Leave
o Intermittent Leave and the FLSA
o Nonworking Days or Weeks
o FMLA Rules for Airline Flight Crew
o State and Federal Laws and Company Policy
o FMLA Does Not Supersede More Generous Leave Rights
o The FMLA and the ADA
o The FMLA and Workers' Compensation
o The FMLA and the PDA
o The FMLA and COBRA
o Company Policy
o FMLA Administration
o Employee Notice Requirements
o Posting Requirements
o Recordkeeping Requirements
o Granting and Designation of Leave
o Certification of FMLA Eligibility
o Required Certifications
o Certification of a Serious Health Condition
o Certification of Family Military "Qualifying Exigency" Leave
o Certification of Family Military Caregiver Leave
o Return to Work and Fitness for Duty
o Failure to Provide Certification
o Pay and Benefits During Leave
o Paid Leave
o Deducting Hourly Amounts
o Group Health Plan Benefits
o Paying Group Health Benefit Premiums
o Consequences of Failure to Make Payments
o Cafeteria Plans
o Recovering Costs
o COBRA Health Care Continuation Coverage
o Other Employee Benefits
o Sick Leave Donations
o FMLA and Bonus Programs
o Employment Protection
o Basic Rules
o Restoring Employee to Previous Position
o Employee Protection from Retaliation
o Light Duty
o The Right Not to Reinstate
o FMLA and No-Fault Absence Policies
o Making Contact with the Employee at Home
o Employee Complaints Under the FMLA
o Definitions
o Key Terms and Phrases
o Additional Information
o Checklists
o Compliance Strategy Checklist
o Employee Expectations and Obligations Checklist
o Employer Notices Checklist
o Employer Recordkeeping Checklist
o Employer Pay and Benefits Checklist
o Military Leave Reemployment Rights
o USERRA Basics
o Covered Employers
o Covered Employees
o Notice Requirements
o Employee Status During Leave
o Use of Accrued Leave During Military Service
o Benefits During Military Leave
o Reemployment Rights
o Benefits Following Leave
o Service Time Counts Toward FMLA Eligibility
o Posting Requirement
o More Resources for USERRA Information
o Paid Family and Medical Leave Tax Credit
o Eligible Employers
o Qualifying Employees
o Added Employers and Added Employees
o Family and Medical Leave
o Credit Calculation
· 7. THE DAVIS-BACON AND McNAMARA-O’HARA SERVICE CONTRACT ACTS
o Introduction
o Davis-Bacon Act
o Who and What Are Covered
o Who and What Are Not Covered
o Wage and Overtime Requirements
o Recordkeeping and Reporting
o McNamara-O'Hara Service Contract Act
o Who and What Are Covered
o Who and What Are Not Covered
o Wage Determinations
o Recordkeeping and Reporting
o Compliance Strategies
o Executive Order Minimum Wage for Federal Contractors
o Subminimum Wages for Disabled Workers
o Executive Order 13706: Paid Sick Leave for Federal Contractors
· 8. THE WALSH-HEALEY PUBLIC CONTRACTS ACT
o Introduction
o Basic Rules
o Compliance Checklist
o Notice of Employee Rights Under Federal Labor Laws
· 9. STATE WAGE AND HOUR LAWS
o Minimum Wage
o Overtime
o Child Labor
o Payday Law
o Garnishment and Other Court Orders
o Meal and Rest Periods
o Jury Duty
o Voting Leave
o Prevailing Wages
o Equal Pay Act
o Family and Medical Leave
o Military Leave
o Disaster and Emergency Services Leave
o State Posting Requirements
· 10. FORMS, PUBLICATIONS, AND POSTERS
o Workplace Posters
o Wage-Hour Forms
o Government Contractor Forms
o Family and Medical Leave Act Forms
o Work Eligibility Forms
o Instructions For Completing Payroll Form, WH-347
· 11. FEDERAL AND STATE DIRECTORIES o US Department of Labor (www.dol.gov)
o Key Personnel
o Wage and Hour Division
o Wage and Hour Regional Administrators
o District Offices o US Equal Employment Opportunity Commission (www.eeoc.gov)
o Headquarters
o EEOC Offices
o State Wage-Hour Agencies
· 12. WAGE-HOUR WEBSITES
