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Advanced Fair Labor Standards Act

INTENDED AUDIENCE: Public Agency
CATEGORY: Employment Law, Public Agency

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
  • 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
    • Payments that may be Excluded from the Regular Rate
    • Examples of Payments Included in the Regular Rate
    • Issues Presented by Specific Other Payment
    • Timely Payments of Wages
  • Compensatory Time Off Under the FLSA
    • CTO Compensation Under the FLSA

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