fair labor standards act (flsa) who learn about it???

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Page 1: Fair Labor Standards Act (FLSA)  Who learn about it???

ART ATTACK

Page 2: Fair Labor Standards Act (FLSA)  Who learn about it???

Fair Labor Standards Act (FLSA)

Who learn about it???

Page 3: Fair Labor Standards Act (FLSA)  Who learn about it???

Fair Labor Standards ActExempt vs. Non-Exempt

The Fair Labor Standards Act (FLSA) is a federal labor law of general and nationwide application, including Overtime, Minimum Wages, Child Labor Protections, and the Equal Pay Act.

Page 4: Fair Labor Standards Act (FLSA)  Who learn about it???

3 Types of Jobs

Jobs Governed by the FLSA Jobs Exempt from the FLSA Jobs Excluded from the FLSA

Page 5: Fair Labor Standards Act (FLSA)  Who learn about it???

What category are you? Non-Exempt

Para Administrative Assistant Custodian Technology (depending on Salary and Degree) Business Manager (depending on Salary and Degree)

Exempt Administrator Director Anyone in the Bargaining Unit Psychologists Staff Development Coordinators Technology (depending on Salary and Degree) Business Manager (depending on Salary and Degree)

Page 6: Fair Labor Standards Act (FLSA)  Who learn about it???

Jobs that are Governed by FLSA

Overtime/Compensatory Time laws apply (ESU 16 requires employees to use Comp Time)

A work week is Sunday-Saturday (7 day period) and 40 hours

If an employee’s ‘Actual Time’ worked is over 40 hours per week they are owed time and one-half of Comp Time

Overview

Page 7: Fair Labor Standards Act (FLSA)  Who learn about it???

Jobs that are Governed by FLSA

What is excluded from ‘Actual Time’ worked?Vacation TimeSick TimeMeal Periods (at least 30 minutes long and fully

relieved of duties)Travel Time “home to work” and “work to home”

Actual Time Worked

Page 8: Fair Labor Standards Act (FLSA)  Who learn about it???

Jobs that are Governed by FLSA

Home to Work Travel: An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.

Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.

Travel That is All in a Day's Work: Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

Travel Away from Home Community(Overnight): Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

Travel Time

Page 9: Fair Labor Standards Act (FLSA)  Who learn about it???

Jobs that are Exempt from the FLSA

Page 10: Fair Labor Standards Act (FLSA)  Who learn about it???

Jobs that are Excluded from the FLSA Particular jobs may be completely excluded from

coverage under the FLSA overtime rules. There are two general types of complete exclusion. Some jobs are specifically excluded in the statute itself. For example, employees of movie theaters and many agricultural workers are not governed by the FLSA overtime rules. Another type of exclusion is for jobs which are governed by some other specific federal labor law. As a general rule, if a job is governed by some other federal labor law, the FLSA does not apply. For example, most railroad workers are governed by the Railway Labor Act, and many truck drivers are governed by the Motor Carriers Act, and not the FLSA. Many of FLSA exclusions are found in §213 of the FLSA.

Page 11: Fair Labor Standards Act (FLSA)  Who learn about it???

Review what category are you?

Non-Exempt Para Administrative Assistant Custodian Technology (depending on Salary and Degree) Business Manager (depending on Salary and Degree)

Exempt Administrator Director Anyone in the Bargaining Unit Psychologists Staff Development Coordinators Technology (depending on Salary and Degree) Business Manager (depending on Salary and Degree)

Page 13: Fair Labor Standards Act (FLSA)  Who learn about it???

Requests to Be Absent/Absentee Reports/Time Sheets

Request to be absent (RTBA) FIRST Absence report SECOND

The RTBA needs to match your Absence Report if you have a vacation, personal, professional, or bereavement leave listed on your Absentee/ Time Sheet.

Page 14: Fair Labor Standards Act (FLSA)  Who learn about it???

BCBS Online

www.mynebraskablue.com Sign Up Have your Member ID ready (It’s on your

card) Release of Information:

https://www.nebraskablue.com/~/media/pdf/member/hipaa-auth.pdf

Page 15: Fair Labor Standards Act (FLSA)  Who learn about it???

Benefit Changes

Notify the Business Manager if there are changes to your benefits

Most companies only have a 30 day window to make ‘qualifying event’ changesDivorce, marriage, birth, death

When a dependent passes the age of 26 the Business Manager needs to be notified.

Page 16: Fair Labor Standards Act (FLSA)  Who learn about it???

Family Medical Leave Act

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Page 17: Fair Labor Standards Act (FLSA)  Who learn about it???

What is the benefit of FMLA? Employer must continue your health

insurance during that time Employer must guarantee your position

or one almost identical with equivalent pay to it when you return

Time off can not be held against you (hiring, promotions or discipline)

Page 18: Fair Labor Standards Act (FLSA)  Who learn about it???

What is covered under FMLA? Twelve workweeks of leave in a 12-month period for:

the birth of a child with-in 1 year Adoption of a child with-in 1 year to care for the employee’s spouse, child, or parent who has

a serious health condition a serious health condition that makes the employee unable

to perform the essential functions of his or her job any qualifying emergency arising out of the fact that the

employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”

Twenty-six workweeks of leave during a single 12-month period to care for a covered service-member with a serious injury or illness if the eligible employee is the service-member’s spouse, son, daughter, parent, or next of kin

Page 19: Fair Labor Standards Act (FLSA)  Who learn about it???

FMLA Who qualifies by Law?

Must work for an eligible employer○ Employer must have over 50 employees working

within a 75 mile radius of each other ○ Government Agencies such as ESU 16 are

covered by FMLA regardless of how many employees they have

Employee must have worked for the Agency for at least a 12 month period (does not have to be consecutive months)

The employee must have worked at least 1250 hours in that 12 month period

Page 20: Fair Labor Standards Act (FLSA)  Who learn about it???

Staff Handbook

What is new for 2015-2016??

Page 21: Fair Labor Standards Act (FLSA)  Who learn about it???

AdvancED Goal/StrategiesGOAL:

Creating a culture of data– driven decision-making to improve the diverse services provided to ESU 16 school districts Area

Page 22: Fair Labor Standards Act (FLSA)  Who learn about it???

Focus Areas

I. Facilitation and Coordination of

Services

II. Develop Human Capital

III. Public awareness of ESUs

IV. Supervision of Instruction

Page 23: Fair Labor Standards Act (FLSA)  Who learn about it???

Public awareness of ESUs

Facebook

Twitter

Page 24: Fair Labor Standards Act (FLSA)  Who learn about it???

Staff Travel

Hotel reservations

Must be made through the department Administrative Assistant (AA).

Page 25: Fair Labor Standards Act (FLSA)  Who learn about it???

Ordering Food for Events

All food orders must go to the Department Administrative Assistant (AA). Only the AA will work with the vendors.

Page 26: Fair Labor Standards Act (FLSA)  Who learn about it???

Who does my Food Orders? Special Education: Kelsey Snow

Staff Development: Deb Frates

Technology: Deana Holley

Business: Jean Wunschel

Page 27: Fair Labor Standards Act (FLSA)  Who learn about it???

Lunch on your Own

Non-working lunch

Typically 1 hour

Think about rush hour (11:30??)

Page 28: Fair Labor Standards Act (FLSA)  Who learn about it???

Staff Access to Buildings

All electronic key cards issued to staff members will be the responsibility of the Special Education Assistant (Kelsey Snow).

Personnel key cards may be replaced for a five dollar cover charge.

Page 29: Fair Labor Standards Act (FLSA)  Who learn about it???

Duty to report

Read, sign and return form

File in Personnel File