Advanced Fair Labor Standards Act

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Before an entity attempts to comply with the FLSA with respect to a particular individual or class of individuals, the entity should first determine whether the FLSA even covers the individual or class in question; that is, whether the individual is considered to be an employee under the Act.  While most workers are covered as employees, there are certain classes of individuals who are not considered employees.  Volunteers and independent contractors are not covered by the Act.  In addition, trainees and certain elected officials, their staff, and certain employees of legislative bodies are also not covered by the FLSA.

Topics Include:

  • Who is Covered by the FLSA?
    • Introduction to Coverage Issues
    • Independent Contractors
    • Volunteers
  • The “White Collar” Exemptions
    • Overview
  • Hours Worked
    • Introduction to the Hours Worked Concept
    • Distinctions Between Working Time and Paid Time
    • “Suffered or Permitted” Work
    • Rounding and De Minimis Rules
    • On-Call or Standby Time
    • Meal Time
    • Pre and Post Shift Activities
    • Travel Time
    • Breaks for Nursing Mothers
    • Telework
  • The Work Period
    • Introduction to the Work Period Concept
    • Basic Workweek Principles
    • The 7(b) Work Period
    • Public Safety 7(k) Work Periods
  • The Regular Rate of Pay
    • In General
    • Calculation of the Regular Rate – Generally
    • Calculation of the Regular Rate – Additional Examples
    • Employees Working at Two or More Rates
    • Examples of Payments Included in the Regular Rate
    • Issues Presented by Specific Other Payments
    • Timely Payments of Wages
  • Compensatory Time Off Under the FLSA
    • CTO Compensation Under the FLSA

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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