9-1
Chapter 9
Wages, Hours and overtime
by Wade A. Forsman
9:1. FEDERAL FAIR LABOR STANDARDS ACT
A. Historical Context
B. Coverage
1. Employer-Employee Relationship
a. Employer Defined
b. “Suffer or Permit to Work”
c. Economic Realities Test
d. Joint Employers
e. State and Other Public Employees
f. Volunteers
g. Trainees
h. Prisoners
i. Undocumented Workers
2. Engaged in Commerce
3. Enterprise
a. “Related” Activities
b. Unified Operations or Common Control
c. For a Common Business Purpose
4. Relationship to Collective Bargaining Agreements
5. Statutory Exemptions From FLSA Coverage
a. Domestic Services Exemption
b. Fishing Operations Exemption
c. Agriculture
C. Actions Under the FLSA
1. Forum
2. Limitations
3. Arbitration
4. Collective Actions
5. Compromise Settlement Agreements
Texas employmenT law 9-2
D. Damages and Penalties
1. Back Wages and Liquidated Damages
2. Prejudgment Interest
3. Civil Penalties
4. Attorneys’ Fees
E. Retaliation
1. Protected Activity
2. Adverse Employment Action
3. Available Damages
F. Recordkeeping
G. DOL Investigative Powers
H. Relationship to State Law
9:2. MINIMUM WAGE
A. Federal Minimum Wage
1. “Opportunity” Wage for Youth
2. Trainees
3. Tipped Employees
4. Deductions for Meals
B. Texas Minimum Wage Act
1. Deductions for Cost of Meals/Lodging
2. Tipped Employees
3. Penalties
4. Action to Recover Unpaid Wages
5. Exemptions
C. Texas Prevailing Wage Rates on Public Contracts
9:3. OVERTIME
A. General Rule
B. Public Employees
C. Exempt Employees
1. Executive Exemption
a. General Rule
b. Business Owner
9-3 wages, Hours and overTime
2. Administrative Exemption
a. General Rule
b. Educational Establishments
3. Professional Exemption
a. Learned Professional
b. Creative Professional
c. Teachers
d. Practice of Law or Medicine
4. Computer Employees
5. Outside Sales Exemption
6. Combination Exemptions
7. Highly Compensated Employees
8. Permissible Deductions From Salary
D. Irregular Hours
1. Belo Contracts
2. Fluctuating Workweek Contracts
E. Exemptions From Overtime
1. Seaman Exemption
2. Motor Carrier Exemption
3. Emergency Response Personnel Exemption
4. Car Salesperson Exemption
5. Railway Labor Act Exemption
6. Retail or Service Establishment Exemption
9:4. COMPENSABLE TIME
A. General Rule
1. The De Minimis Doctrine
2. Preliminary/Postliminary Activities
3. Collective Bargaining Agreements
B. Meal Periods
C. On-Call Time
D. Travel Time
E. Training Classes
F. Vacation and Sick Time
G. “Civic Duty” Time
