Edited by Kayla M. Kienzle, Rachel G. Tierney, Mary B. Thomas, and Joseph G. Schmitt
This new Second Edition of The Wage and Hour Handbook is designed to answer critical questions in this area of practice. One of the hottest employment law topics for advisors and litigators alike is wage and hour law. The Handbook is written and edited by a diverse team of attorneys drawn from private practice and in-house, plaintiff side and defense. Covering a full range of relevant topics, the Handbook was designed to provide practical information and detailed insight for practitioners.
The Handbook includes:
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CHAPTER 1
Overview
Introduction; Major Sources of Wage and Hour Law; Nondiscrimination Requirements Regarding Wages; Statutes of Limitations: The Effect of the Lilly Ledbetter Fair Pay Act of 2009 – Codified at 29 U.S.C. §§ 626, 633a & 794a; 42 U.S.C. § 2000e-5; Preemption; Examples of State Law Considerations
– Anne M. Radolinski & Melissa R. Hodge
CHAPTER 2
FLSA Coverage Issues
Employer Coverage – Enterprise Coverage; Individual Coverage; Workers Not Covered by Federal and State Wage and Hour Laws
– Tracy Holmes Donesky, Allison Kruse, Kelly Maxwell & Beth Papcek-Kovach
CHAPTER 3
Basic Minimum Wage and Overtime Requirements and Exemptions From The Requirements
Introduction; White Collar Exemptions; Payment on a Salary Basis; Exempt from FLSA Coverage in General; Who is Entitled to Federal or Minnesota Minimum Wage? Overtime Basics
– Penelope J. Phillips & Zach A. Alter
CHAPTER 4
To Pay or Not To Pay: Identifying and Counting Compensable Work Time Under the FLSA and State Wage and Hour Laws
Introduction; Core Concepts; Hot Topics; Conclusion
– Ryan E. Mick & Marilyn J. Clark
CHAPTER 5
Determining the Regular Rate of Pay for Calculating Overtime Compensation
The “Regular Rate” of Pay and Why it Matters; Methods of Calculating the Regular Rate; Effect of Other Payments on the Regular Rate; Alternatives to the Regular Rate Principle
– Janet M. Olawsky & Krista A.P. Hatcher
CHAPTER 6
Timing and Manner of Payment
Timing and Manner of Payment; Wage Assignment; Wage Garnishment; Appendix A – Garnishment Exemption Notice and Notice of Intent to Garnish Earnings; Appendix B – Garnishment Summons; Appendix C – Garnishment Earnings Disclosure
– Laura A. Pfeiffer
CHAPTER 7
Special Wage Issues
Introduction; Breaks; Leaves of Absence; Vacation; Tips and Tip Pooling; Commissions and Bonuses; Wage Deductions; Labor Law Considerations
– Charles F. Knapp, Andrew B. Murphy, Rhiannon C. Beckendorf & Raphael B. Coburn
CHAPTER 8
Special Work-Hour Requirements
Meal and Rest Break Requirements; Maximum Hour Laws; Break Time for Nursing Parents; Workweek and Workdays
– Jillian M. Flower & Ilyse S. Goldsmith
CHAPTER 9
Child Labor, Public Sector Employees, and Other Special Worker Categories
Introduction; Special Wage-Hour Considerations as to Minors; Public Sector Employees; Other Special Worker Categories
– Christina Parra & Marta James
CHAPTER 10
Recordkeeping and Posting Requirements
Recordkeeping Requirements Under State and Federal Wage and Hour Laws; Posting Requirements Under State and Federal Wage and Hour Laws
– Joseph G. Scmitt & Pablo Orozco
CHAPTER 11
U.S. DOL and Minnesota Administrative Enforcement
Introduction; U.S. Department of Labor, Wage and Hour Division; Minnesota Department of Labor and Industry
– Gina K. Janiero, Michael J. Moberg & Kaylyn R. Stanek
CHAPTER 12
Plaintiff-Side Analysis of Wage-Hour Litigation Issues
Finding the Case and the Lead Plaintiff; Obtaining Certification as Collective or Class Action – Timing and Research; Unique Issues in Wage-Hour Litigation
– Michele R. Fisher, H. Clara Coleman & Caitlin L. Opperman
CHAPTER 13
Defense-Side Analysis of Wage-Hour Litigation Issues
Introduction; Early Case Issues; Defeating Collective or Class Action Certification; Unique Issues in Wage-Hour Litigation; Audits Outside of Litigation
– Cynthia A. Bremer & Jody A. Ward-Rannow
CHAPTER 14
California Wage and Hour Issues
Introduction; Wage Payment and Compensable Work; Commissions, Bonuses, and Other Incentive Pay; Meal and Rest Breaks; Overtime Exemptions
– Mandana Massoumi & Jessica L. Linehan
Table of Authorities
Subject Index
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