Fair Labor Standards Act. Classification & Compensation Roundtable June 15, 2011 Lidia Santiesteban, CCP Senior Compensation Consultant Department of Personnel. Agenda. Welcome. What is the Fair Labor Standards Act (FLSA)? Who is covered? What is covered under the Act?
Classification & Compensation Roundtable
June 15, 2011
Lidia Santiesteban, CCP
Senior Compensation Consultant
Department of Personnel
The FLSA is a federal law that sets minimum wage, overtime pay, equal pay, record keeping and child labor standards for employees (who are covered by the Act) in the private sector as well as those employed in the federal, state and local government. The FLSA was enacted by the United States Congress in 1938 and amended several times since.
The latest amendment to the FLSA is: The Nursing Mothers Amendment (2010).
FLSA does not mandate that the employer provide any of the following:
Only about 20% of investigations find no violations.
Note: The number of employees receiving back wages sums to more than the 197,000 because one employee may be due back wages for both a minimum wage and overtime violation. The number of violation cases sums to greater than 17,700 for the same reason.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees.
Note: The state minimum wage was updated to $8.67 effective January 1, 2011.
Does the employee meet the salary test AND duties test?
If yes, the employee is exempt. If no, the employee is covered by FLSA and is nonexempt.
Share new FLSA Exemption Assessment Form.
Share experiences with DOL audits/complaints and results.
Raise any current FLSA issues and concerns.
Items needing additional clarification.