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Introduction to the Fair Labor Standards Act (FLSA)

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

This workbook provides supervisors, managers and department heads with an introductory look at the Fair Labor Standards Act (FLSA) and its daily impact on employees.  The workbook also dispels myth from fact about the FLSA and offers practical tips to ensure compliance.

Topics Include:

  • Overview of the Fair Labor Standards Act
    • Introduction and Summary of Requirements
    • What the FLSA Does Not Require
    • Remedies and Enforcement
  • Who is Covered by the FLSA? (or More Importantly, Who is Not Covered?)
    • Introduction to Coverage Issues
    • Limited Exclusion for Elected Officials, Their Staff and Certain Employees of Legislative Bodies
    • Independent Contractors
    • Trainees
    • Volunteers
    • Unpaid Interns
  • Hours Worked
  • Introduction
    • Distinction Between Work Time and Paid Time
    • Employees Cannot Volunteer Work Time
    • Rounding and De Minimis Rules
    • Employees Working in Two or More Agency Jobs
    • Meal Breaks
    • Rest Breaks
    • Breaks for Nursing Mothers
    • Sleep Time
    • On-Call or Standby Time
    • Pre- and Post-Shift Activities
    • Donning and Doffing
    • Travel Time
    • Training Time
  • The Work Period
    • Basic Workweek Principles
    • Public Safety 7(k) Work Periods
  • Overtime Exemptions
    • The General “White-Collar” Exemptions
    • The Highly Compensated Employee Exemption
    • Exemption for Computer-Related Occupations
    • Special Exclusion for “First Responders”

Compensatory Time Off

    • The Basic Requirements
    • Use of Accumulated FLSA CTO
  • The Regular Rate of Pay
    • Overview
    • Calculation of the Regular Rate
    • Employees Working at Two or More Rates
    • Payments that May be Excluded from the Regular Rate
    • Examples of Payments Included in the Regular Rate
    • Timely Payments of Wages
  • Record Keeping
    • Introduction
    • Information Required for Non-Exempt Employees
    • Information Required for 7(k) Fire Protection/Law Enforcement Employees
    • Information Required for Exempt Employees
    • Timesheets for Exempt Employees
    • Posting Requirement
    • Preservation of Records

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