Wage and Hour Compliance in 2024

1. Introduction
2. Our Focus For Today 00:01:11
3. “White Collar” Exemptions 00:03:16
4. Wage and Hour Division Final Rule 00:06:06
5. Definition Of Overtime Pay 00:09:22
6. But Maybe The States Require Daily Overtime 00:10:06
7. But Maybe The States Require… Special Overtime 00:11:51
8. Useful Definitions 00:12:42
9. Semimonthy Payrolls & Overtime 00:15:18
10. Public Sector Work Week 00:17:31
11. Hospital Employees 00:18:37
12. And…. 00:18:59
13. Hours Worked… 00:20:20
14. Keeping Track Of Hours Worked 00:21:29
15. Two Exceptions 00:24:05
16. Rounding Practices 00:25:31
17. Rounding Example 00:26:34
18. Rounding Example Continued 00:27:34
19. Rounding Example - Fact Sheet #53 00:27:45
20. Rounding Example - Fact Sheet #21 00:27:58
21. Rounding Example - Fact Sheet #21 Cont’d 00:28:57
22. De Minimis Or Insignificant Timekeeping 00:31:08
23. Definition Of Hours Worked 00:32:32
24. The U.S. Supreme Court Has Ruled That Hours Worked Include 00:33:29
25. Therefore… 00:34:36
26. Which Means 00:34:49
27. Therefore… 00:36:20
28. Travel And Other Types Of Pay 00:36:50
29. Travel And Other Types Of Pay Cont’d 00:39:31
30. Regular Rate Of Pay 00:42:13
31. Regular Rate Of Pay Cont’d 00:43:32
32. 1. Does Not Include Gifts 00:46:56
33. 2. Does Not Include Nonworking Hours 00:47:08
34. 3. Does Not Include Expenses 00:47:24
35. 4. Does Not Include Discretionary Bonuses 00:47:32
36. 4. Example Of Discretionary Bonus 00:47:48
37. 4. Example Of Non-Discretionary Bonus 00:48:15
38. 4. Bonuses Normally Include 00:48:32
39. 5. Does Not Include Profit Sharing 00:49:01
40. 6. Does Not Include Health Or Life Insurance 00:49:06
41. 7. Does Not Include Premium Pay 00:49:10
42. 8. Does Not Include Premium Pay 00:49:17
43. Payments For Suggestions? 00:49:17
44. Payments For Suggestions? Cont’d 00:50:05
45. Regular Rate Of Pay 00:50:17
46. Regular Rate Of Pay Cont’d 00:51:00
47. Methods For Calculating Overtime 00:52:10
48. Doing The Math…Following The Steps 00:52:56
49. Now An Example With Numbers 00:53:45
50. The Proper Or FLSA Method 00:54:11
51. The Proper Or FLSA Method Cont’d 00:54:41
52. Commonly Used Or Alternative Method 00:54:59
53. Example With Bonus 00:55:21
54. Notice The Difference 00:56:06
55. Let’s Do Another Example 00:57:01
56. The Right Way (Using DOL OT Calculator) 00:57:12
57. The Wrong Way… 00:58:04
58. Let’s Compare 00:58:08
59. But What If More Than One Week Is Involved? 00:58:34
60. Multiple Rates Of Pay 00:59:58
61. Commission Payments 01:00:30
62. Deductions & Noncash Payments 01:00:40
63. Minimum Wage 01:01:14
64. Room And Board 01:01:39
65. Tip Credit 01:01:58
66. State And Local Issues 01:02:29
67. Minimum Wage By State 01:03:30
68. Current State Minimum Wage 01:03:49
69. Credits Against Minimum Wage 01:04:01
70. Tip Credit Against Minimum Wage 01:04:12
71. Tip Credit Against Minimum Wage Map 01:05:03
72. Meals And Lodging Credit Against Minimum Wage 01:05:23
73. California Meals and Lodging Chart 01:05:32
74. Meals And Lodging Credits Against Minimum Wage Map 01:05:39
75. State Requirements 01:06:03
76. Youth Minimum Wage (Training Wage) 01:06:17
77. Current Local Minimum Wage As Of 1-1-24 01:6:31
78. Current California Local Minimum Wage 01:07:00
79. Creditor Garnishment Table 01:07:18
80. State Update 01:07:37
81. Living Wages 01:08:51
82. Sick Leave - State/City Chart 01:09:09
83. Paid Family Leave 01:09:31
84. Meal And Rest Periods 01:10:23
85. Meal Periods 01:11:22
86. Meal Periods By State Map 01:11:39
87. Rest Periods 01:12:05
88. Posting Requirements 01:12:51
89. Statements (Paystubs) 01:13:34
90. States With No Requirement 01:15:08
91. Employee Request 01:15:16
92. Mandatory Statement 01:15:22
93. Statement Of Deductions 01:15:36
94. Direct Deposit Pay Cards 01:15:42
95. Electronic Statements 01:16:05
96. Payday Notices 01:16:32
97. Payday Notices Map 01:17:09
98. Pay Rate Notices 01:17:28
99. Frequency Of Wage Payments 01:17:56
100. Permitted Payroll Frequencies 01:18:28
101. Max Period Permitted For Nonexempt Employees For Private Sector Employers 01:18:54
102. Method Of Payment 01:19:26
103. Cash and Checks 01:19:59
104. Direct Deposit 01:22:09
105. Voluntary Only 01:22:42
106. Pay Cards 01:23:02
107. Paycards By State Private Sector Employers 01:23:35
108. Paying Terminated Employees 01:23:47
109. Terminated Employees By State 01:24:31
110. Terminated Employees By State Cont’d 01:26:06
111. Vacation Pay And Termination 01:26:33
112. Vacation Payout Requirements States Chart 01:28:13
113. Vacation Payout Requirements States Chart Cont’d 01:28:44
114. Deducting From Wages For Overpayments 01:28:47
115. Overpayments: FLSA Requirements 01:29:03
116. State Requirements 01:29:25
117. California 01:29:55
118. California Cont’d 01:32:38
119. State Breakdown for Handling Overpayments Map 01:33:38
120. Deducting For Advanced Vacation 01:33:50
121. Vacation - CA 01:34:11
122. New York 01:34:36
123. Vacation - ND 01:34:52
124. Additional Resources 01:35:35
125. Are There Any Questions? 01:37:23
126. Presentation Closure 01:57:28

• 8/80 Rule 00:18:39
• De Minimis 00:25:30, 00:31:10
• Department of Labor (DOL) 00:06:08, 00:23:40, 00:28:16, 01:04:24
• Discretionary Bonus 00:47:34
• Exempt 00:03:38, 00:04:40, 00:09:14
• Expense 00:47:26
• Fair Labor Standards Act (FLSA) 00:03:39, 00:19:16, 00:32:51, 00:52:16, 00:54:15, 01:01:47, 01:29:03
• Garnishment 01:03:19, 01:07:19
• Living Wage 01:08:53
• Minimum Wage 00:02:20, 00:03:19, 00:04:03, 01:01:16, 01:04:12, 01:12:59, 1:33:36
• Nondiscretionary Bonus 00:43:43, 00:58:55
• Non-exempt 00:36:50, 01:18:58
• Overtime 00:01:50, 00:03:20, 00:04:03, 00:10:54, 00:17:12, 00:35:02, 0:42:29
• Portal to Portal Act 00:19:26
• Prevailing Wage 01:02:41
• Regular Rate of Pay 00:01:52, 00:02:09, 00:09:37, 00:42:17, 00:43:54, 00:50:05
• Temporary Disability Insurance (TDI) 01:09:41
• Travel Pay 00:37:14
• Wage 00:01:16, 00:49:54, 01:26:48, 01:27:48, 01:30:04

8/80 Rule: The “8 and 80” exception allows employers to pay one and one-half times the employee's regular rate for all hours worked in excess of 8 in a workday and 80 in a fourteen-day period.

De Minimis: Too trivial or minor to merit consideration.

Department of Labor (DOL): The United States Department of Labor is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments.

Discretionary Bonus: The employer has the sole discretion, until at or near the end of the period that corresponds to the bonus, to determine the amount of the bonus; and the bonus payment is not made according to any prior contract, agreement, or promise causing an employee to expect such payments regularly.

Exempt : Exempt employee is a term that refers to a category of employees set out in the Fair Labor Standards Act. They do not receive overtime pay, nor do they qualify for the minimum wage

Expense: Offset (an item of expenditure) as an expense against taxable income.

Fair Labor Standards Act (FLSA): The Fair Labor Standards Act of 1938 29 U.S.C. § 203 is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits most employment of minors in "oppressive child labor".

Garnishment: A legal summons or warning concerning the attachment of property to satisfy a debt

Living Wage: A living wage is defined as the minimum income necessary for a worker to meet their basic needs. This is not the same as a subsistence wage, which refers to a biological minimum, or a solidarity wage, which refers to a minimum wage tracking labor productivity.

Minimum Wage: The lowest wage paid or permitted to be paid specifically fixed by a legal authority or by contract as the least that may be paid either to employed persons generally or to a particular category of employed persons.

Non-Discretionary Bonuses: A non-discretionary bonus is a bonus that the employee is expected to be paid and it is usually given at the same time, either monthly, quarterly or annually. Because these bonuses are agreed upon ahead of time, they must be included in the regular rate of pay and the calculation of overtime.

Non-exempt: Non-exempt employees are workers who are entitled to earn the federal minimum wage for every hour they work. Such workers likewise qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.

Nondiscretionary Bonus: A nondiscretionary bonus is a bonus that fails to meet the statutory requirements of a discretionary bonus. Nondiscretionary bonuses are included in the regular rate of pay, unless they qualify as excludable under another statutory provision.

Overtime: Overtime is time and a half of what an employee earns for every hour worked over 40 in a workweek. The FLSA salary threshold is the minimum salary employers must pay employees for them to be exempt from overtime wages.

Portal-to-Portal Act: An amendment to the Fair Labor Standards Act (FLSA) clarifying that certain activities are generally not compensable working time under the FLSA. The Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities or traveling occurring before or after they perform the principal activities for which they are employed.

Prevailing Wage: In United States government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. This is usually the union wage.

Regular Rate of Pay: An employee’s regular rate is the hourly rate an employee is paid for all non-overtime hours worked in a workweek. When calculating an employee’s regular rate, all compensation received by the employee in a workweek must be included, including wages, bonuses, commissions, and any other forms of compensation.

Temporary Disability Insurance (TDI): Temporary Disability Insurance provides cash benefits to workers who suffer an illness, injury, or other disability that prevents them from working, and wasn't caused by their job.

Travel Pay: Travel Pay is payment for expenses employees spend traveling for work-related activities. This could include airfare, trainfare, gas and milegae, and meals.

Wage: A fixed regular payment, typically paid on a daily or weekly basis, made by an employer to an employee, especially to a manual or unskilled worker.