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Fair Labor Standards Act. Minimum Wage Provision $5.15 / hr. Advantages - wage floor, min. standard of living Disadvantages - limits opportunity for unskilled, and the youth; may encourage substitutes for labor. Tipped employees - $2.13 / hr. Overtime Provision

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Fair Labor Standards Act

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Fair Labor Standards Act

  • Minimum Wage Provision

    • $5.15 / hr.

    • Advantages - wage floor, min. standard of living

    • Disadvantages - limits opportunity for unskilled, and the youth; may encourage substitutes for labor.

    • Tipped employees - $2.13 / hr.

  • Overtime Provision

    • 1.5 X Base Wage Rate for > 40 hours/ week

    • Only non exempt ees’ (hourly) covered

    • Employer Required to file non-exempt ees’ records of work hours with Dept. of Labor

Management 4030- Managing Employee Reward Systems


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FLSA (Cont’d)

  • Enforcement of FLSA

    • Audits

    • Investigations

    • Remedies include back wages, attorney fees and court orders to stop violating FLSA

    • Fines and imprisonment for willful violators

  • Exemptions

    • Executives/ Managers

    • Administrative Employees

    • Professionals

    • Outside Sales Force

  • Challenge: Correct Classifications of Jobs

Management 4030- Managing Employee Reward Systems


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Problems Managing Under the FLSA

  • Correct Classifications of Exemption Jobs

    • Exs. Team leader? Telemarketers?

  • Bonus Calculations - Non-discretionary bonus is part of overtime pay calculation.

    • Ex. Shift premiums, Xmas bonus, special duty pay.

  • Independent Contractor or Employee?

    • Set own hours, own tools, own office & work site

  • Tracking hours of non-exempts - Time clocks?

  • Inflexible work hours - bias to 40 hr. work week.

    • 50/30 schedule --> 10 hrs. OT

  • Comp Time - time off instead of pay for OT?

Management 4030- Managing Employee Reward Systems


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Managing FLSA in the work place of the 1990s: Critical thinking Questions

Overtime Provision:

  • How do you manage the overtime of people who telecommute from a home office?

  • There is a negative incentive to provide variable pay for non-exempt employees because the “bonus” calculation becomes very complicated for overtime. Is there a way to avoid this problem?

Management 4030- Managing Employee Reward Systems


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Equal Pay Act (1963) thinking Questions

Definition: Equal Pay for Jobs of Substantially Equal Work

  • Federal law to insure that women are paid equal to men if they are doing similar work.

    Factors that Define Equal Work

  • Skill

  • Effort

  • Responsibility

  • Working Conditions

Management 4030- Managing Employee Reward Systems


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Equal Pay Act (Continued thinking Questions)

There are 4 Legal Exceptions to the EPA: Men and Women’s Pay on a similar job can be Different Due to Differences in...

1. Seniority

2. Performance or Merit ( A valid Supervisor-based evaluation of performance)

3. Quantity or Quality of Output (such as a piecework or sales commission plan)

4. Factor other than Gender such as Night shift differential or hazardous duty differential.

Management 4030- Managing Employee Reward Systems


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