03 Feb

Notes from Oct 19th ONE Luncheon – What Nonprofits Need to Know about Wage & Hour Law

Presenter:  Attorney Denise Blommel

Notes by:  Anne O’Malley Edelstein – Arizona Academic Decathlon

1/3 of workers are contingent workers

Who is a 1099 and who is a w-2 employee?

3 years in minimum wage records available for audits

As of December 1st, 2016 – Exempt salary min.

Overtime pay was instituted to try and increase employment rather than pay overtime.

Minimum wage in AZ is $8.05

FLSA – Overtime

    • 40 work hours per week
    • Can keep a peerson on salary but you can pay overtime.
    • Breaks and meals – one break has to be given only to nursing mom for 1 year per Federal law
    • No breaks required by AZ law – non exempt employees
    • Outside of agriculturural work – no one under 14 years old
    • An employee can bring a civil action suit against an employer

White collar exemptions:

    • Executive, administrative, professional
    • Computer professional is the only one who can be hourly –  all others must me on salary

Salary docking – for an exempt employee can prorate  for the 1st day of work and the last day of work

Safe Harbor – policy must be included in employee handbook

Jan 1st, 2020 – $913 week goes up by the cost of living

Non wage – bonus, commissions, sick pay, vacation pay, certain benefits not included in the $8.05/hour or the $913/week

Industries – exempt from FLSA

    • Amusement park if seasonal
    • Others

Employers – $500,000 revenue threshold