Why I Should Attend?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA is enforced by the U.S. Office of Personnel Management for federal employees, and special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Indian tribes are often required by certain federal contract and grant awards to comply with FLSA on such projects as construction projects. Some tribes have adopted select FLSA provisions to apply to employees who are typically not exempt from FLSA. Still some state, local and tribal governments have established minimum salary levels that are considerably higher than previous minimum pay levels.
On May 18, 2016, President Obama announced the publication of the Department of Labor’s final rule that updated the overtime regulations, affecting “white collar” overtime exemptions. The new regulations were intended to provide for an increase the salary threshold needed to qualify for overtime exemption from $455 per week ($23,600 per year) to $913 per week ($47,476 per year). Organizations that employ workers with salaries under $47,476 a year will be directly affected by the new regulations. Implementation of the regulations has been delayed. However, tribes need to consider the methods and solutions to address the impacts of the new regulations. Tribes must be aware and prepare to comply with the new requirements.
This course is designed specifically for tribal governments, tribal organizations and tribal enterprises. It is designed to provide participants applied knowledge and understanding of FLSA provisions; and how they will affect employee regular pay, overtime pay and travel. By attending this course participants will have a working knowledge of FLSA rules and the tribes should consider if they are planning to adopt minimum wage levels.
Who Should Attend?
Tribal council members, tribal personnel directors and staff, tribal administrators, program directors and managers.
What Will I Learn?
- What is the Fair Labor Standards Act (FLSA)?
- What type of positions/jobs does the FLSA apply to?
- What positions are considered exempt from FLSA?
- Legal precedents affecting tribes and tribal enterprises
- What requirements must be met for a position to be considered exempt?
- Special rules that apply to states and local governments
- Tribal salary requirements for targeted positions
- What is regular pay, overtime pay, minimum wage, compensatory time, scheduled work week
- Overtime versus compensatory time
- Overtime Exemptions for “White Collar” Employees
- Court rulings versus department of labor position
- Steps for implementing changes (adopting tribal policies and procedures)
- Organization’s policies, procedures, practices
- Job classification, updating position description, organizational structures
- Calculating costs and resulting impacts