(e) Individuals do not lose their volunteer status if they receive a nominal fee from a public agency. (c) Agreement or understanding between the public agency and individual employees. Gen. 401 (1973)). Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the work site during normal working hours. (a) Section 7(p)(2) of the FLSA provides that where State or local government employees, solely at their option, work occasionally or sporadically on a part-time basis for the same public agency in a different capacity from their regular employment, the hours worked in the different jobs shall not be combined for the purpose of determining overtime liability under the Act. Fair Labor Standards Act Advisor.. An employee's workweek is a fixed and regularly recurring period of 168 hoursseven consecutive 24-hour periods. Commissioned sales employees of retail or service entities also fall into this list. For purposes of computing pay due under the Fair Labor Standards Act, a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees. If so, they will also qualify as law enforcement officers. Federal Trade Commission Act means the Federal Trade Commission Act of 1914. Section 3(e)(2)(C) of the Act excludes from its definition of employee elected officials and their personal staff under the conditions therein prescribed. Related to Labor Standards. (f) Successor contracts. As a This list is not comprehensive. In such a case, an agreement or understanding would be presumed to exist for purposes of section 7(o) with respect to any employee who fails to express to the employer an unwillingness to accept compensatory time off in lieu of overtime pay. Medical leave does not include leave taken for an employees pregnancy disability, as defined in (n) below, except as specified below in section 11093(c)(1). Workers are generally considered exempt if they fall in the above categories, are salaried, and earn a minimum of $684 per week or $35,568 annually. If the officers perform such work at their own option, the hours of work need not be combined with the hours of work for their primary employer in computing overtime compensation. Sample Implementation Plans: Work. (3) Typically, public recreation and park facilities, and stadiums or auditoriums utilize employees in occasional or sporadic work. (c) Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied, from an employer. The term civil service laws refers to a personnel system established by law which is designed to protect employees from arbitrary action, personal favoritism, and political coercion, and which uses a competitive or merit examination process for selection and placement. (4) However, if a bookkeeper for a municipal park agency or a city mail clerk occasionally referees for an adult evening basketball league sponsored by the city, the hours worked as a referee would be considered to be in a different general occupational category than the primary employment and would not be counted as hours worked for overtime purposes on the regular job. (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and. The act marks overtime as any hours that exceed40 hours in a seven-day workweek. This can significantly increase performance and reduces labor costs. A pay period under this statute may not be of any duration longer than semi-monthly. (f) Section 13(b)(1) of the Act provides an exemption from the overtime pay requirements for Any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935. (recodified at section 3102, 49 U.S.C.). The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the work site. L. 99150, 99 Stat. 787 (29 U.S.C. Learn more about the University of Minnesota System. As indicated in 778.109, the regular rate is an hourly rate, although the FLSA does not require employers to compensate employees on an hourly basis. Exclusion for employees of legislative branches. An activity does not fail to be occasional merely because it is recurring. FLSA compensatory time and FLSA compensatory time off. (2) where the employee in fire protection activities is on a tour of duty of exactly 24 hours, which is a departure from the general rules in 785.22 of this title. (a) If a public agency elects to pay overtime compensation to employees in fire protection activities and law enforcement personnel in accordance with section 7(a)(1) of the Act, the public agency may exclude meal time from hours worked if all the tests in 785.19 of this title are met. Employees whose work includes seasonal, emergency response, or public safety activities, as well as other work, will not be subject to both limits of accrual for compensatory time. As the name implies, single determinant standards are based on just one variable,such aslines, cases,orunits per hour. Occasional or sporadic employment-section 7(p)(2). This is an automated process for (2) Where the employee is on a tour of duty of exactly 24 hours, which is a departure from the general rules in part 785. It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to the scheduled starting time. 553.212 Twenty percent limitation on nonexempt work. 553.230 Maximum hours standards for work periods of 7 to 28 dayssection 7(k). The phrase same type of services means similar or identical services. 2. The U.S. Department of Labor has set forth in 29 CFR parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. In short, you are at the mercy of your boss. payments made for occasional periods when no work is performed due to vacation, holiday, . Fair Housing Act means the Fair Housing Act, as amended. (2) the two employers are in fact separate and independent. It also regulates mechanisms relating to unsafe labor practices that may be prevalent. ), (c) In a workweek or work period during which an employee works hours which are overtime hours under FLSA and for which cash overtime payment will be made, and the employee also takes compensatory time off, the payment for such time off may be excluded from the regular rate of pay under section 7(e)(2) of the Act. Borrower has complied in all material respects with the Federal Fair Labor Standards Act. For example, a local law or ordinance may provide that compensatory time be granted to employees for hours worked in excess of 35 in a workweek. Public agency employees engaged in both fire protection and law enforcement activities. 553.50 Records to be kept of compensatory time. Exempt employees tend to earn more than hourly workers. (d) Section 7(j) of the Act provides that a hospital or residential care establishment may, pursuant to a prior agreement or understanding with an employee or employees, adopt a fixed work period of 14 consecutive days for the purpose of computing overtime pay in lieu of the regular 7-day workweek. (b) The statutory term member of personal staff generally includes only persons who are under the direct supervision of the selecting elected official and have regular contact with such official. L. 99150). (a) The 1985 Amendments to the Fair Labor Standards Act (FLSA) changed certain provisions of the Act as they apply to employees of State and local public agencies. The term exempt employee refers to a category of employees set out in the Fair Labor Standards Act (FLSA). However, the employee's decision to accept compensatory time off in lieu of cash overtime payments must be made freely and without coercion or pressure. The official, published CFR, is updated annually and available below under This is so regardless of how the employee's time is divided between the two activities. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. This is a matter generally to be determined by the employer. These include farm workers, motion picture theater employees, certain employees of nonmetropolitan broadcast stations, taxi drivers, and employees of railroads, motor carriers, and American vessels. Forecasting or analyzing labor performance as computed, estimated, or measured values. Employees can also be exempt if they make over $100,000 a year (at least $684 a week as a salary) and regularly meet the criteria in one of the other exemption tests. Contact Us (d) The exclusion for immediate adviser to elected officials is limited to staff who serve as advisers on constitutional or legal matters, and who are not subject to the civil service rules of their employing agency. In the case of such employees who have a work period of at least 7 but less than 28 consecutive days, overtime compensation is required when the ratio of the number of hours worked to the number of days in the work period exceeds the ratio of 212 (or 171) hours to 28 days. 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This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. switch to eCFR drafting site. (b) In determining whether a public agency qualifies for the section 13(b)(20) exemption, the fire protection and law enforcement activities are considered separately. An engineered labor standard is a form of work measurement. In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. Agreement or understanding prior to performance of work. The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. Electronic Code of Federal Regulations (e-CFR), CHAPTER VWAGE AND HOUR DIVISION, DEPARTMENT OF LABOR, SUBCHAPTER BSTATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS. Nor does the term include employees in correctional institutions who engage in building repair and maintenance, culinary services, teaching, or in psychological, medical and paramedical services. 9601 et seq., the Occupational Safety and Health Act of 1970, 29 U.S.C. However, the 480-hour accrual limit will not apply to office personnel or other civilian employees who may perform public safety activities only in emergency situations, even if they spend substantially all of their time in a particular week in such activities. The Fair Labor Standards Act (FLSA) is a U.S. law that is intended to protect workers against certain unfair pay practices. (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. Cash overtime compensation must be paid at a rate not less than one and one-half times the regular rate at which the employee is actually paid. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Base pay is an employee's initial rate of compensation, excluding extra lump sum compensation or increases in the rate of pay. Engineered Labor Standards the Foundation for High Performance, Dynamic travel calculation based on specific pick location. (A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The purpose of part 553 is to set forth the regulations to carry out the provisions of these Amendments, as well as other FLSA provisions previously in existence relating to such public agency employees. The agreement or understanding may include other provisions governing the preservation, use, or cashing out of compensatory time so long as these provisions are consistent with section 7(o) of the Act. Enhanced content is provided to the user to provide additional context. 553.12 Exclusion for employees of legislative branches. [.] Exempt employees do not receive overtime pay and do not qualify for minimum wage. or existing codification. Search & Navigation Exempt employees have the advantage of a steady income stream and generally earn more than nonexempt, or hourly, employees. Maximum hours standards for work periods of 7 to 28 dayssection 7(k). Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. As further set forth in 553.230 of this part, the 216-hour standard has been replaced, pursuant to the study mandated by the statute, by 212 hours for fire protection employees and 171 hours for law enforcement employees. GSA has adjusted all POV mileage reimbursement rates effective January 1, 2023. Certain employees who work in emergency response activities for purposes of section 7(o)(3)(A) may qualify for the partial overtime exemption in section 7(k) of the Act. (a) Section 13(b)(20) of the FLSA provides a complete overtime pay exemption for any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be.. Specific job duties defined by FLSA guidelines help make the determination about a position's exemption status. However, for most employees, the benefits of exempt status likely outweigh that potential negative. FAR). The application of sections 13(b)(20) and 7(k), by their terms, is limited to public agencies, and does not apply to any private organization engaged in furnishing fire protection or law enforcement services. In some cases, the Universitys Civil Service rules and union contracts require premium pay (time and a half) even when it is not required by the Fair Labor Standards Act; for example, paying overtime for working on a holiday. Learn more. Fire Protection and Law Enforcement Employees of Public Agencies. . (2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). The term other compensatory time off means hours during which an employee is not working and which are not counted as hours worked during the period when used. In no event shall the time excluded as sleep time exceed 8 hours in a 24-hour period. (p) Contractors certification. We recommend you directly contact the agency associated with the content in question. The following factors will be among those examined in determining whether a given amount is nominal: The distance traveled and the time and effort expended by the volunteer; whether the volunteer has agreed to be available around-the-clock or only during certain specified time periods; and whether the volunteer provides services as needed or throughout the year. Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA), Page 1. 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