Minimum Wage Order For Miscellaneous Industries And Occupations – Important Topics for Fair Wage and Overtime Compliance Review and update information on various laws governing minimum wage and overtime issues. Webinar:
Presentation on theme: “Featured Topics in Fair Wage and Overtime Compliance An informative review and update on the various laws governing minimum wage and overtime issues. Webinar:”— Presentation transcript:
Minimum Wage Order For Miscellaneous Industries And Occupations
1 Key Topics Fair Wage and Overtime Compliance Review and update information on various laws governing minimum wage and overtime issues. Webinar: May 23, 2017 Executive, professional and administrative overtime waivers. When overtime is required by law or not. Basic employer compliance with wage and hour laws. Penalties an employer faces when they fail to adequately pay the minimum wage and overtime to employees. Possible exemption of a religious institution from federal or state wage and hour laws. Presenter: Jonathan D. Farrell, Esq. Meltzer, Lippe, Goldstein & Breitstone, LLP Mineola, New York Ext. 130
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ONE. The Federal Fair Labor Standards Act (FLSA) (29 U.S.C. §§201 et.seq.) sets minimum wage, overtime pay, record keeping, and employment standards for youth. Unless otherwise exempted, covered employees must be paid at least the minimum wage and not less than half the regular salary for overtime. B. The New York State Hourly Wage Act (NYS Labor Law §§650 et.seq. and 12 NYCRR §§137 et.seq.) governs minimum wage employment, overtime pay, maintenance of records and also provides employment standards for youth. Other areas address employee benefits and employee notification requirements, as discussed below. ç. Similar to federal and state discrimination laws, the law most favorable to employees must be followed by employers. D. Both laws establish a minimum wage. On April 4, 2016, New York Governor Andrew Cuomo signed legislation that will significantly increase the New York State minimum wage to $15.00 per hour over two (2) to five (5) years. years old. Depending on some factors such as the employer. size and location. Please see the revised increase as enacted in the table below:
Increase Date Revision New York City “Large” Companies (11 employees or more) New York City “Small” Companies (10 employees or less) Rest of Nassau, Suffolk, and Westchester Counties 12/31/2016 $ 11.00 $ 10.50 $ 10.00 $ 9,310 / 2017 $ 13.00 $ 12.00 $ 10.40 12/31/2018 $ 15.00 $ 13.50 $ 11.10 12/31/2019 TBD $ 11.80 12/31/2020 $ 14.00 $ 12/31/2018 $ 14.00 $ 12.50 12/31/2020
E. Both laws require overtime pay for “non-exempt” employees (discussed below) at 1½ times the normal hourly wage for hours worked over 40 in a work week. Although mandatory in some states, the FLSA and NYS laws do not have an obligation to pay daily overtime or mandate 6th or 7th day overtime. F. Both statutes contain statutes of limitations. According to the FLSA, it’s 2 years for unintentional violations and 3 years for intentional violations. According to NYS law, it’s 6 years. G. Under the FLSA, the prevailing plaintiff is also entitled to 100% interest, plus attorneys’ fees, for damages. H. Under NYS law, an existing plaintiff is entitled to 25% of damages awarded for violations prior to April 9, violations occurring after that date are subject to 100% of damages awarded plus interest and attorneys’ fees.
I. The United States Department of Labor (“USDOL”) applies the FLSA. A USDOL audit – whether an employee complaint or otherwise – will generally require the employer to show payroll records for all employees. J. The New York State Department of Labor (“NYSDOL”) enforces New York State employment laws. NYSDOL audits – whether an employee complaint or otherwise – will generally require the employer to show payroll records for all employees. K. Both statutes are designed to allow actions by private parties in federal or state courts rather than USDOL or NYSDOL actions. Both laws allow multiple plaintiff actions (FLSA – collective; NYS – class). L. Employers must display an official USDOL poster stating the FLSA provisions. Likewise, employers must also display a poster with information about the New York State minimum wage at their place of work. Other federal and state posters that address various laws (eg, discrimination) must also be displayed in the workplace.
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ONE. Coverage under the FLSA 1. Business Coverage Employees who work for certain businesses or organizations (or “companies”) are covered by the FLSA. These companies, which must have at least two employees, are: (a) companies with an annual dollar volume of sales or revenue of at least $500,000; or (b) hospitals, businesses that provide medical or nursing care to residents, schools and preschools, and government agencies.
2. Individual Coverage Even when there is no “commercial coverage”, employees are protected by the FLSA if their employment regularly involves interstate commerce (“interstate commerce”). The FLSA covers individual workers who are “engaged in a business or in the production of goods for a business”. Examples of workers involved in interstate commerce include those who: produce goods (such as workers assembling components in a factory or writing letters in an office) that are shipped out of state, regularly Make calls to people located in the area. In other states, they manage records of interstate transactions, travel to other states to fulfill their obligations, and serve as custodians in buildings where goods are manufactured for out-of-state shipments. In addition, domestic service workers (such as maids, full-time nannies and cooks) are often covered by the law.
B. What records are required by the FLSA: Each covered employer must maintain separate records for each non-exempt employee. The FLSA does not require any specific format for the records, but does require that the records contain certain specific information about the employee and information about hours of work and wages. Below is a list of basic records that an employer must keep: employee’s full name and social security number. Address, including zip code. Date of birth, if under 19 years old. Gender and occupation. The time and day of the week when the employee’s work week begins. He worked hours every day. 7. Total hours worked per week.
The regular hourly wage the employee is paid based on (eg “$9 an hour”, “$440 a week”, “piece work”). Total direct daily or weekly earnings. 11. Total overtime earnings for the work week. All additions or deductions from the employee’s salary. All salaries are paid per period. 14. Payment Date and Payment Period Covered by Payment.
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According to the FLSA, what records are required: New York requires such records that the employer must maintain: the number of hours worked per day and per week, including the arrival and departure times of each employee for any shift or split of hours ; work (discussed below) more than 10 hours; Deductions, if any, claimed as part of the minimum wage; net salary paid; and ranking of students.
ç. How long records must be kept under the FLSA: Each employer must maintain at least three (3) years of payroll records, collective agreements, sales and purchase records. Time and income cards or sheets on which the employees’ daily start and end times are entered must be retained for two (2) years. 29 C.F.R. §516.6 New York has a long-term salary record retention statute (see immediately below).
D. How Long Should Records Be Retained Under New York Law: The New York salary record retention period is six (6) years, but some employment attorneys set a statute of limitations due to the breadth of the New York State statute of limitations. Recommends longer retention of records. the law
E. Compensatory Time Under the FLSA 1. General: The FLSA requires employers to pay at least $7.25 an hour (NYS statutory minimum wage was the same as of December 31, 2013, but is now higher) Overtime and Overtime Compensation for all hours worked more than forty (40) hours per work week is 1½ times the normal rate of pay. Currently, New York-based employers must pay at least the following regular hourly rates: $11.00 for “large” companies in New York City; $10.50 “small” business in New York City; $10.00 employees in Nassau, Suffolk and Westchester counties; and the rest of New York State $9.70. An employee’s workweek is a fixed, recurring period of 168 hours (7 consecutive 24-hour periods).
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2. Working Hours: Working Hours include any and all time an employee is allowed to work. Work is “harmful or permissible” if the employer knows or has reason to believe that the work is being done. The employee must be compensated for all such work, regardless of whether the employer directed or approved the work or even if the employer has a policy that prohibits unauthorized work. 3. Wait time: Wait time can be considered “hours worked” under the FLSA under certain circumstances. Generally, the facts show that the employee was busy waiting (which is working hours) or the facts show that the employee was waiting to be busy (which is not working hours). For example, a secretary who reads a book while waiting for an order or a fireman who rings a box while waiting for an alarm are working at these times.
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