To Pay or Not To Pay That is the Question

Nuts and Bolts of HR in the Public Sector TMHRA ? September 13, 2013

To Pay or Not To Pay... That is the Question

Presented by: BETTYE LYNN LYNN ROSS & GANNAWAY, LLP (817) 332-8505 LYNN@

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FAIR LABOR STANDARDS ACT

Minimum Wage Overtime Pay Child Labor Law Recordkeeping

Requirements

FAIR LABOR STANDARDS ACT

Applies to Public and Private Employers

40-Hour is Basic Work Week Applies to Full Time and Part-Time

Employees

 While the Fair Labor Standards Act does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the Act does not regulate. For example, the Act does not require:

? Vacation, holiday, severance, or sick pay ? Meal or rest periods, holidays off, or vacations ? Premium pay for weekend of holiday work ? Pay raises or fringe benefits ? A discharge notice, reason for discharge, or

immediate payment of final wages to terminated employees ? Any limit on the number of hours of work for persons 16 years of age and over.

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OVERTIME FOR NON-EXEMPT

EMPLOYEES

 Pre-Shift and PostShift Work

Roll Call Report Writing

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MEAL PERIODS

Must be completely relieved from duty

30 Minutes or more Cell phones, etc. What about firefighters meal

periods? What about coffee breaks?

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DOL Clarifies Work Time Issues FLSA2008-7NA

Meal Breaks ? No overtime if meal break not taken during week ? Overtime due if employee works 40+ hours even if no meal breaks ? Premium pay not included in regular rate for OT calculation if not legally required to be paid ? Rounding of time ok--if in aggregate employee is compensated properly for all time worked

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