Table Of Contents
PREFACE
CHAPTER 1 INTRODUCTION
1.1 GENERAL SCOPE
1.2 HISTORICAL PERSPECTIVE
1.3 LEGAL CITATIONS AND ABBREVIATIONS
CHAPTER 2 COVERAGE OF WAGE AND HOUR LAWS
2.1 GENERAL PRINCIPLES
2.2 COVERAGE OF THE FAIR LABOR STANDARDS ACT
2.3 COVERAGE UNDER NEW YORK LABOR LAW AND THE NEW YORK WAGE ORDERS
2.4 GOVERNMENT CONTRACTORS
2.5 APPAREL INDUSTRY REGISTRATION
2.6 INDUSTRIAL HOMEWORK
2.7 OTHER SOURCES OF WAGE AND HOUR REGULATION
CHAPTER 3 EMPLOYMENT RELATIONSHIP
3.1 LIMITATION OF COVERAGE TO EMPLOYEES
3.2 COMMON RELATIONSHIPS
3.3 JOINT EMPLOYMENT RELATIONSHIP
3.4 INTEGRATED ENTERPRISES
CHAPTER 4 MAXIMUM HOURS
4.1 GENERAL PRINCIPLES
4.2 MEAL PERIODS
4.3 REST PERIODS
4.4 OTHER LIMITATIONS ON HOURS
4.5 MINORS
4.6 ALTERNATIVE SCHEDULING ARRANGEMENTS
4.7 PREDICTIVE SCHEDULING REQUIREMENTS
CHAPTER 5 EMPLOYMENT OF MINORS
5.1 INTRODUCTION
5.2 FLSA CHILD LABOR PROVISIONS
5.3 NEW YORK CHILD LABOR PROVISIONS
CHAPTER 6 MINIMUM WAGES
6.1 GENERAL PRINCIPLES
6.2 CURRENT MINIMUM WAGE REQUIREMENTS
6.3 CREDITS AND ALLOWANCES AGAINST THE MINIMUM WAGE
6.4 OTHER MINIMUM PAY REQUIREMENTS
6.5 EXEMPTIONS FROM MINIMUM WAGE REQUIREMENTS
6.6 DAMAGES FOR MINIMUM WAGE OFFENSES
CHAPTER 7 HOURS WORKED
7.1 RELEVANCE OF HOURS WORKED
7.2 GENERAL PRINCIPLES
7.3 WAITING TIME
7.4 ON-CALL (“STANDBY”) TIME
7.5 REST PERIODS
7.6 MEAL PERIODS
7.7 SLEEPING TIME
7.8 EMPLOYEES RESIDING ON THE EMPLOYER’S PREMISES
7.9 PREPARATORY AND CONCLUDING ACTIVITIES
7.10 LECTURES, MEETINGS, AND TRAINING PROGRAMS
7.11 TRAVEL TIME
7.12 MEDICAL ATTENTION
7.13 WORK ON CIVIC OR CHARITABLE MATTERS
7.14 TIMEKEEPING
CHAPTER 8 OVERTIME COMPENSATION
8.1 OVERTIME PREMIUMS
8.2 OVERTIME LIABILITY
8.3 INCIDENTS GIVING RISE TO OVERTIME LIABILITY
8.4 OVERTIME EXEMPTIONS
8.5 THE “REGULAR RATE”
8.6 “STATUTORY EXCLUSIONS” FROM THE REGULAR RATE
8.7 CREDITS AGAINST OVERTIME PAY
8.8 PAYMENTS FOR CALL-BACKS
8.9 COMPENSATORY TIME OFF IN LIEU OF OVERTIME
8.10 EXCHANGING SHIFTS AND MAKING UP TIME
8.11 CHILD LABOR LAWS
8.12 EXAMPLES OF OVERTIME COMPUTATION
CHAPTER 9 EXEMPTIONS
9.1 GENERAL INFORMATION
9.2 “WHITE-COLLAR” EXEMPTIONS
9.3 OUTSIDE SALES EMPLOYEE EXEMPTION/p>
9.4 COMBINING EXEMPTIONS
9.5 OTHER JOB CLASSIFICATIONS SUBJECT TO EXEMPTION
9.6 EMPLOYEES WORKING IN FOREIGN COUNTRIES
CHAPTER 10 STATE AND LOCAL GOVERNMENT EMPLOYERS
10.1 INTRODUCTION TO CHAPTER
10.2 CHRONOLOGICAL CHART OF FLSA EVENTS
10.3 SPECIAL CONSIDERATIONS FOR PUBLIC EMPLOYERS
10.4 COMPENSATORY TIME OFF
10.5 VOLUNTEER WORK
10.6 FIRE PROTECTION AND LAW ENFORCEMENT PERSONNEL
10.7 LEGISLATIVE EMPLOYEES
CHAPTER 11 PAYMENT OF WAGES
11.1 DEFINITIONS
11.2 TIMING OF PAYMENT OF WAGES
11.3 NOTICES TO NEW EMPLOYEES
11.4 WAGE STATEMENTS
11.5 MODE OF PAYMENT OF WAGES
11.6 DEDUCTIONS FROM WAGES
11.7 EQUAL PAY LAWS
11.8 BENEFITS AND WAGE SUPPLEMENTS
11.9 PAYMENTS OF WAGES FOR VACATIONS
11.10 PAID LEAVE LAWS
11.11 SEVERANCE PAY
11.12 LATENESS DEDUCTIONS
11.13 COMMISSION COMPENSATION ARRANGEMENTS
11.14 BONUS ARRANGEMENTS
11.15 CHANGES IN COMPENSATION
CHAPTER 12 RECORDS, POSTING AND NEW-HIRE NOTIFICATION REQUIREMENTS
12.1 BASIC FLSA REQUIREMENTS
12.2 BASIC NEW YORK STATE REQUIREMENTS
12.3 RECORD-KEEPING REQUIREMENTS FOR EXEMPT COMMISSIONED EMPLOYEES OF RETAIL OR SERVICE ESTABLISHMENTS
12.4 RECORD-KEEPING OBLIGATIONS FOR GOVERNMENT CONTRACTORS
12.5 ACCESS TO WAGE RECORDS
12.6 WAGE THEFT PREVENTION ACT
12.7 FMLA RECORD-KEEPING RULES
12.8 POSTING REQUIREMENTS
CHAPTER 13 ENFORCEMENT
13.1 GENERAL
13.2 ADMINISTRATIVE RULINGS
13.3 WAGE AND HOUR AUDITS
13.4 WAGE CLAIMS
13.5 REPRISALS
APPENDIX A MISCELLANEOUS INDUSTRIES AND OCCUPATIONS WAGE ORDER
APPENDIX B HOSPITALITY INDUSTRY WAGE ORDER
APPENDIX C BUILDING SERVICE INDUSTRY WAGE ORDER
APPENDIX D NON-PROFITMAKING INSTITUTIONS WAGE ORDER
APPENDIX E FARM WORKERS WAGE ORDER
APPENDIX F ELECTION FORM FOR ENTITIES ELECTING NON-PROFIT COVERAGE UNDER WAGE ORDERS
APPENDIX G APPAREL INDUSTRY CERTIFICATION FORM
APPENDIX H CONSTRUCTION INDUSTRY FAIR PLAY ACT NOTICE
APPENDIX I COMMERCIAL GOODS TRANSPORTATION INDUSTRY FAIR PLAY ACT NOTICE
APPENDIX J MEAL PERIOD VARIANCE REQUEST FORM
APPENDIX K EMPLOYEE ELECTION TIME-OFF NOT
APPENDIX L DOMESTIC WORKERS BILL OF RIGHTS
APPENDIX M CHILD LABOR HOURS OF WORK CHART”
APPENDIX N STANDARD WAGE THEFT PREVENTION ACT NOTICE
APPENDIX O WAGE ADVANCE AUTHORIZATION FORM
APPENDIX P PAID FAMILY LEAVE WAIVER FORM
APPENDIX Q PAID FAMILY LEAVE REQUEST FORM
APPENDIX R TEMPORARY HELP FIRM WAGE THEFT PREVENTION ACT NOTICE
APPENDIX S LABOR CODE INDEX
APPENDIX T CASE TABLE
SUBJECT INDEX
About The Authors
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
Brian D. Murphy is a partner with Sheppard, Mullin, Richter & Hampton LLP in the firm’s New York office. Mr. Murphy is an employment defense litigator defending management in all areas of employment law, with a particular focus on wage and hour class and collective action litigation under Rule 23 and the Fair Labor Standards Act, and class claims under the Fair Credit Reporting Act. In addition to defense litigation, Brian also provides counsel and advice to employers concerning workplace investigation of claims of discrimination, harassment, and retaliation, restrictive covenants, employment contracts, personnel policies, and reductions-in-force. Brian also develops training programs and conducts trainings for clients concerning appropriate workplace behavior and wage and hour compliance.
Mr. Murphy has written extensively throughout his career on a number of employment topics and has been published in the New York Law Journal, the National Law Journal, Law360, and Corporate Counsel. He is also the co-author of the Wage and Hour Manual for New York Employers.
He received his J.D. from Saint John’s University School of Law and his B.A. from University of Buffalo. For multiple years, Brian has been recognized as a Rising Star Super Lawyer for the New York Metro Area. He is admitted to practice in New York, the U.S. Court of Appeals in the Second Circuit, and the U.S. District Court for the Southern, Eastern, and Western Districts of New York.
