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The Fair Labor Standards Act Application to the Construction Industry

Avoid potential fines and back pay, understand the FLSA compliance requirements and available exemptions.

The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in the existence. Although the FLSA has been around since 1938, litigation of violations has increased in the most recent past. The changes announced in May 2016 pose additional challenges to compliance. This topic will provide not only an overview of the FLSA but will address specific topics and concerns to the construction industry. Business involved in new construction or reconstruction, the repair or renovation of existing commercial and or residential structures, roadways and bridge construction are subject to the provisions of the FLSA of the business grosses more than $500,000 in sales annually. Despite the coverage, businesses may not fully understand the record keeping provisions, the liability for subcontractors and the ability of the Department of Labor to conduct on site investigations. This topic helps the persons responsible for employee and subcontractor administration and record keeping to have a deeper understanding of the FLSA compliance requirements. The information also explains the exemptions available under the FLSA, other related laws and how to self-audit. Failing to fully understand and properly apply exemptions and maintain proper records could lead to civil fines and thousands of dollars of back pay to employees. This topic is critical for owners and administrators within the construction industry who are responsible for employee pay and record keeping.

Runtime: 57 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Fair Labor Standards Act - Overview

  • Minimum Wage
  • Overtime Requirements

Related Acts

  • Davis-Bacon Act
    • Who Is Covered
    • How Wages Are Determined
  • Anti Kickback Act
    • Prohibitions
    • Fines
  • Contract Work Safety and Standards Act
    • Who Is Covered
    • Overtime Provisions
    • Damages for Violations
    • Exemptions

Classification of Workers

  • Wage and Hour Concerns
  • Other Related Issues

Working Time Under the FLSA

  • On-Call Time
    • Waiting to Be Engaged
    • Engaged to Wait
  • Travel Time
    • Portal to Portal Implications
  • Donning and Doffing

Joint Employer Issue

  • Traditional Meanings
  • Role of General Contractor and Subs
  • Liability for Sub Contractor Violations

Enforcement

  • Department of Labor
    • On Site Visits
  • Civil Litigation
  • Civil Penalties

Mitigating the Risk

  • Audits
  • Recordkeeping
  • Contracts
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 26, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.0
     
  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • GA CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NM CLE 1.0
     
  • NV CLE 1.0
     
  • NY CLE 1.0
     
  • UT CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Linda Bond Edwards

Linda Bond Edwards

Rumberger, Kirk & Caldwell PA

Linda G. Bond

  • Partner in the Tallahassee office of Rumberger, Kirk & Caldwell PA who devotes her litigation practice to the representation of employers in the private and public sectors in matters involving employment and labor issues
  • Represents clients at the administrative level and in State and Federal Court
  • Has more than 20 years of practice experience in labor and employment law and more than 10 years of corporate human resources experience
  • County and circuit civil mediator certified by the Florida Supreme Court
  • Has written numerous articles on and spoken at public and private seminars addressing employment law issues including wage and hour trends, discrimination, workplace harassment and bullying and alternative dispute resolution (mediation and arbitration)
  • Has guided organizations through Department of Labor onsite and desk investigations
  • Was the president of Tallahassee Women Lawyers for 2013-2014 and was appointed by former Governor Charlie Crist to serve on the Judicial Nominating Commission for the Second Judicial Circuit
  • In March 2015, the Tallahassee Democrat selected her as one of 25 Women You Need to Know In 2016, she was a recipient of 850 magazine’s Pinnacle Awards
  • Has also been appointed to serve as the Chair of the Florida Bar’s Standing Committee on Judicial Nominating Procedures
  • Super Lawyer for 2016, 2017 and 2018 and has been named among the Legal Elite
  • Member of the Professionalism Panel for the 2nd Judicial Circuit and the National Bar Association
  • J.D. degree, Florida State University, College of Law; B.S. degree in business administration, University of Tennessee
  • Can be contacted at 850-222-6550, [email protected] or www.rumberger.com
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Product ID: 402940
Published 2018
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