Overtime Pay (Federal): Private Sector

1. WHICH EMPLOYEES ARE COVERED
2. HOURS WORKED (“SUFFER OR PERMIT”)
1. Hours Worked – Unauthorized Work
2. Work at Home
3. HOURS WORKED/TRAINING TIME
4. HOURS WORKED – TRAVEL
1. Work Time – Travel
2. Overnight Travel
5. HOURS WORKED – “DOWN TIME”; ON CALL
1. Split shifts/layover time
2. On Call
3. Meal Periods
4. Sleeping Time
6. WHO IS THE EMPLOYER
1. Temporary Employees
2. Joint Employment
3. Managers and Supervisors
4. Independent Contractors
7. DETERMINING OVERTIME COMPENSATION
1. The “Regular Rate”
2. Shift differentials, two rates of pay
3. Extra Duty Pay
4. Expenses
5. Retroactive Pay
6. Salaries
7. Commission Employees
8. Excluded Payments
9. Gifts and awards
8. BONUSES – INCLUSION IN COMPUTING THE “REGULAR RATE”
9. COLLECTIVE BARGAINING EXCEPTIONS FROM THE REQUIREMENTS OF THE FLSA
1. 1040/2080 Plans
2. Other Collective Bargaining Exceptions
3. Arbitration Clauses
4. Further Information
10. REMEDIES OF EMPLOYEES
1. Double Damages
2. Lawyer’s Fees
11. “WHITE-COLLAR” EXEMPTIONS (AFTER 8/04)
1. The Salary Requirement
2. Primary Duty
3. Executive Exemption
4. Administrative Employees
5. Professional Employees
6. Administrative Academic Personnel
12. OTHER EXEMPTIONS
13. DIFFERENT OCCUPATIONS
1. Agriculture
2. Commission Sales
3. Computer Professionals
4. Farm Workers
5. Real Estate Brokers
6. Restaurant Workers
7. Sales People
8. Tipped Employees
9. Truck Driver
10. Waiters and Waitresses
11. Working Foreman
12. "Independent" Contractors
13. Personal Care Attendants (Respite Workers)