FLSA Flashcards

1
Q

Applies to?

A

#s LEAD Aging for All of us.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
ADEA

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2
Q

Who administers?

A

DOL

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3
Q

What protections?

A

  1. Min Wage @ $7.25
  2. OT @1½.
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4
Q

State the mechanics & deadlines prior to filing FLSA.

A

None.

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5
Q

S/L

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)

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6
Q

What’s UNIQUE about FLSA S/L?

A

Always 2/3 yrs. Can talk to DOL but doesn’t toll time to file.

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7
Q

Sue individ?

A

Yes.

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8
Q

What 2 claims can be made under FLSA?

~CHALLENGE - specify numbers.

A

  1. Min Wage @ $7.25
  2. OT @1½.
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9
Q

What are exemptions to OT?

A

A. Salary based (white collar)
1. Execu.
2. Admin.
3. Professional.
B. Non-Salary Based
1. Outside sales
2. Commission sales.
3. Motor carrier
4. Misc.

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10
Q

How determine wh/ EE need not be pd on hrly basis?

~CHALLENGE: Specify numbers.

A

2 steps:
1. Salary basis.
Not less than $684/wk $35,568/yr
2. Job Duties
Does EE qualify as an exec?
———–
~68 is 1st & last 2 #s.

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11
Q

How determine if highly compensated EE shd be pd OT?

A

1 Step:
Exempt threshold is $107,432.

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12
Q

State 3 damages.

A

2 yrs / 3 yrs
Liquid + interest + JEFF’s Lost Benes.
1. Liquid
2. Prejudgment interest.
3. Jury trial.
4. Equitable relief.
5. Front pay (if can’t reinstate)/Back pay
6. Fees (atty) + C
7. Lost benes.

Same as EPA + FLMA

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13
Q

What are the 2 timeframes for damages?

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)

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14
Q

What other theories of recovery offer FLSA’s damages?

A

any # of A.M. ALE is punitive
———–
1981, 1983, 1985
[A.M. ALE - drinking in the a.m.? that’s a lot of liquid]
Adea
fMla (3 yrs) + interest
Ada
fLsa (3 yrs)
Epa (3 yrs)

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