Domestic Workers
Casual babysitters and domestic service workers employed to provide “companionship services” for an elderly person or a person with an illness, injury, or disability are not required to be paid the minimum wage or overtime pay if they meet certain regulatory requirements. Name the CFR section where this can be found.
Section 213(a)(15)
If a retail or service employer elects to use the Section 7(i) overtime exemption for commissioned employees, three conditions must be met:
the employee must be employed by a retail or service establishment, and
more than half the employee's total earnings in a representative period must consist of commissions.
And:
the employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked
Are the exemptions for Common Carrier by Railroad and Pipeline and Common Carrier by Air, for minimum wage, overtime or both? Provide the FOH citations
Overtime Only FOH: 24i and 24j
A more recent Court case in the Western Region challenged the “Named Coverage” in this type of Institute?
Nursing Home
Name an obscure exemption that you are doubtful to ever use?
We'll accept any answer you can cite the regs and make an argument for- hit us with your best shot! :)
The companionship services exemption is not applicable when the employee spends more than 20 percent of his or her workweek performing care services. Name three activities that are considered “care”
Any three:
• Activities of Daily Living (ADLs) such as dressing, grooming, feeding, bathing, toileting and transferring;
• Instrumental Activities of Daily Living (IADLs) which are tasks that enable a person to live independently at home, such as meal preparation, driving, light housework, managing finances, assistance with the physical taking of medications, and arranging medical care.
The definition of a retail or service establishment can be found in this section of the CFR:
779.312 “Retail or service establishment”
You are investigating a taxicab company. There are dispatchers, office staff (schedulers, payroll, receptionist etc.), mechanics and drivers. All are paid straight time for overtime. Who would be due overtime? Cite the FOH
Dispatchers, office staff and mechanics are due overtime. The exemption is only for drivers on non-established routes. FOH 24h02-03
The FLSA states that OT is determined on a consecutive 7-day wwk and after 40 hours worked but 7(k) permits Firemen and Officers in my City a work period and hours worked limits of:
28 Days and 240 Hours
Though not typically associated with fields of Ophthalmology or Private Investigators, in the Western Region you should always keep an eye out for these commission based exemptions?
What is/are 7(i) exemptions
For a live-in domestic service employee, the employer and worker may agree to exclude the amount of time spent doing the following, if they are uninterrupted? Name two:
1) meal period, 2)sleep period, 3) off-duty time
An establishments must have this “percentage” of annual dollar sales of goods or services not be for resale in order to be considered a retail or service establishment
75%
You are investigating an appliance delivery service. Which of the following professions would be NOT be due overtime?
*Scheduling/Routing Clerk
*Driver
*Dispatcher
*Driver’s Helper
*Warehouse Specialist
*Loader
*Mechanic
*Accident Reporting Clerks
*Foreman/woman
*Payroll Clerk
Cite the CFR Section that applies
Driver, Drivers Helper, Loaders and Mechanics
29 CFR 782.2(f)
As a non-exempt Community Relations Specialist, my ER pays overtime after 80 hours in a 14 day period but pays other colleagues in my classification OT based on a standard 40 hour work week. I am an EE of which Industry/Entity and where can I find guidance on this topic?
FOH 25h00 / 778.601
On phone duty you receive an inquiry about MW/OT from a worker who works for a local newspaper. Can you find any guidance specific to this industry in the Regulations to assist you?
13(a)(8) / FOH 22(a)
Priscilla works for Jane Doe as a companion. Priscilla takes Jane of walks, they play board games, drink tea together and Priscilla takes Jane to Appointments at the doctors. Janes family hired Priscilla through the company Companions R Us, Inc. Is Priscilla exempt under the companion exemption, why or why not
No. Third party employers of direct care workers (such as home care staffing agencies) are not permitted to claim the exemption for companionship services. Third party employers may not claim the exemption even when the employee performs companionship services and is jointly employed by the third party employer and the individual, family, or household using the services. Accordingly, third party employers must pay their workers the Federal minimum wage for all hours worked and overtime pay at time and one-half of the regular rate of pay for all hours worked over 40 in a workweek.
What is the minimum and maximum amount of time the employer can use as the representative period for determining if enough commissions have been paid
Short as a month, no greater then a year
You interview a truck driver that drives a 20,000 lb truck delivering beer across state lines on public highways 48 hours/week. Once a week, she drives the employer’s van with 6 employees to the airport so that they can work in other states for the next week that usually takes 2 hours. Is she due overtime?
Small vehicle exception applies, so the employee would be due overtime!
This group of Emergency workers do not qualify for the Section 7(k) OT Exemption as they are not trained in these types of activities?
What are Fire Protection Activities (7(k) is not applicable to EMT workers or those not “trained” in fire protection activities
Which Major US Sport has a 13(a) exemption for its athletes that can be found in the Regulations and can you locate the test for this exemption?
MLB-(baseball) /Section 13(a)(19)/ FOH 25r
Tests for the exemption.
(a) This exemption applies to any employee:
(1) employed under contract to play baseball, and
(2) whose contract provides the employee a weekly salary of no less than the minimum wage for a 40-hour workweek ($7.25 × 40 hours = $290.00) for services performed during a league championship season only (i.e., not during spring training or the off-season).
Priscilla works for a family as a cook for a family. She works (4) 24 hours shifts a week from Monday through Thursday. Priscilla has her own home and will go back to her home on Friday, Saturday and Sunday. She does not receive overtime for hours after 40 in a week? Is this correct? Explain why or what not.
Although Priscilla could be considered a live-in domestic employee (cook). In order to be a live-in domestic service worker exempt from overtime, a worker must reside on the employer's premises either "permanently" or for "extended periods of time." Priscilla has her own home, Is not on the employer premises 7 days a week, or reside for an extended period of time (120 hours or more)
Ken works is a commissioned employee that works for a retail or service establishment. Ken earned a salary of $350 plus $118 in commission. Ken worked 42 hours. What is Kens regular rate. Does he meet the regular rate requirement for the 7(i) exemption for this week?
Yes! The employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked,
$350 + 118= $468 / 42 =$11.14
$7.25 X 1.5= $10.88
Therefore Ken exceeds the one and a half times the minimum wage needed.
Which of the following employees would be overtime exempt and NOT due overtime?
1) An employee that drives a hotel airport shuttle in a van to/from the hotel and the airport that weights 5,000 lbs and transports up to 6 passengers at a time.
2) An employee that works at an Amazon warehouse and unloads shipments from trucks that weigh 20,000 lbs and have brought goods from out of state, traveling on public highways.
3) An employee that drives a vehicle that weighs 9,000 lbs and transports hazardous materials. In the interview they say the use placards that are required by the Secretary of transportation.
#3) The employee transporting hazardous materials. See FS #19
Laundry workers employed by and engaged in performing work of (this establishment) may qualify for a 7(j) OT exemption.
Who are employees of residential care institutes (specializing in sick, aged, mentally ill or defective who reside on the premises)
An Amusement Park or recreational establishment, organized camp or religious or non-profit educational conference center will be exempt under which section of the Act if it meets either of these two (2) tests. Site the section and explain the Test(s) in on your own words.
What is Section 13(a)(3) / 25jO1
2-Part Test
“(A) Does not operate for more than seven months in any calendar year”
(B) 33 ⅓percent test