- TABLE OF CONTENTS -

The content below comprises your FLSA Procedures Manual. To view a specific article, simply click on it.

History and Overview

• FLSA At A Glance
• Laws Of Other Jurisdictions
• General History & Purposes
• Legislative Changes

Applicability and Coverage

• Introduction
• Geographical Limits
• The Employment Relationship
• Exceptions: Independent Contractors
• Exceptions: Volunteers
• Exceptions: Students and Trainees
• Exceptions: Joint Employment
• Individual Coverage
• Enterprise Coverage

The Minimum Wage

• Introduction
• How And When The Minimum Wage Must Be Paid
• Lower Minimum-Wage Rates In Particular Circumstances
• Paying the Minimum Wage By Providing
• Board, Lodging, Or Other Facilities – Arriving At The Reasonable Cost
• Board, Lodging, Or Other Facilities – Examples Of What Does And Does Not Qualify
• Tipped Employees - General Principles
• The Tip Credit – General Principles
• The Tip Credit – Tip-Pooling
• Wage Deductions
• Permissible Wage Deductions – Taxes
• Permissible Wage Deductions – Payments Under Court Order
• Permissible Wage Deductions – Payments Directed By The Employee
• Permissible Wage Deductions – Board, Lodging, Or Other Facilities
• Permissible Wage Deductions - Loans, Advances, Or Sales To The Employee
• Impermissible Wage Deductions – Tools, Equipment, Or Supplies
• Impermissible Wage Deductions – Costs Relating To Uniforms
• Impermissible Wage Deductions – Cash Shortages, Dishonored Customer Checks, Walk-Outs, Etc.
• Impermissible Wage Deductions – Lost, Damaged, Or Unreturned Tools, Equipment, Uniforms, Or Other Items
• Wage Deductions – State Provisions

Overtime Compensation

• Introduction
• The Workweek
• Hours Worked Cannot Be Averaged Across Workweeks
• How And When The Overtime Must Be Paid
• The "Regular Rate" Of Pay – General Rule
• The "Regular Rate" - Employees Paid At One Hourly Rate
• Hourly Employees Paid At More Than One Hourly Rate
• Employees Paid Salaries
• Employees Paid On A Piece-Rate Basis
• Employees Paid On A Commission Basis
• Employees Paid In Other Ways
• The Regular Rate – Compensation That Must Be Included
• Includable Compensation - Amounts Paid For Periods Of More Than A Workweek
• Other Includable Compensation
• Excludable Compensation
• Excludable Compensation - Discretionary Bonuses
• Excludable Compensation - Premium Payments
• Excludable Compensation - Non-Overtime Rates
• Other Excludable Compensation
• Other Exceptions - Figuring Overtime At An Approved "Basic Rate"
• Other Exceptions - Commission-Paid Employees Of Retail Or Service Establishments
• Employees of Hospitals Or Establishments Providing Residential Care
• The Remedial-Education Exception
• Wage Deductions

Hours Worked

• Introduction
• General Principles
• General Principles - The Portal-To-Portal Act
• "De Minimis" Amounts Of Work
• Recurring Worktime Issues
• Waiting Time
• Waiting Time: On Call
• Rest Periods
• Sleeping Time
• Meetings, Training, & Similar Activities
• Travel Time
• Travel Time: Home To/From Workplace
• Travel Time: Home To/From Assignment
• Travel Time: Overnight & Out Of Town Travel
• Meal Periods

Exemptions From The Minimum Wage And/Or Overtime

• The Legal or Medical Professional
• The Highly Compensated Employee Exemption
• Combination Exemptions
• Introduction
• General Principles
• Exemptions From The Minimum-Wage And Overtime Requirements
• Exemptions From The Overtime Requirements
• The White Collar Exemptions
• The Salary Basis Of Pay
• Salary Basis Exceptions
• The Fee Basis Of Pay
• Pay-Basis Exceptions For Certain Professionals
• The Executive Exemption
• The Administrative Exemption
• The Administrative Exemption: Discretion & Independent Judgment
• The Professional Exemption
• The Learned Professional
• The Creative Professional
• The Teacher Professional
• The Computer Professional
• The Outside Salesman Exemption

Child Labor

• Introduction
• General Principles
• Restrictions In Nonagricultural Occupations
• Restrictions In Nonagricultural Occupations - Ages 16 & 17
• Restrictions In Nonagricultural Occupations - Ages 14 & 15
• Restrictions In Nonagricultural Occupations - Under 14 Years Old
• Restrictions In Agricultural Occupations
• Restrictions in Agricultural Occupations - Ages 16 & 17
• Restrictions In Agricultural Occupations - Ages 14 & 15
• Restrictions In Agricultural Occupations - Ages 12 & 13
• Restrictions In Agricultural Occupations - Under Age 12
• Child-Labor Exemptions

Recordkeeping

• Introduction
• General Principles
• The Basic Records
• Specialized Requirements
• How Long Records Must Be Kept
• The Posting Requirement
• "Rounding" Worktime

Enforcement

• Introduction
• Statutes Of Limitations
• Enforcement By Employees Or Former Employees
• Enforcement By The U.S. Secretary Of Labor
• Administrative Investigations
• Other Enforcement Measures
• Civil Money Penalties
• Criminal Penalties
• Defenses
• The "Reliance" Defense
• The "Good Faith" Defense

Retaliation

• Introduction
• The Scope Of Anti-Retaliation Protection
• Potential Employer Defenses
• Potential Employer Liability