Wage and hour law guide to methods and analysis /
This practical guide offers management, psychology, and related professionals comprehensive background in--and robust methods for evaluating--frequently litigated wage and hour issues. Wage and hour compliance is impacted by numerous sources including federal laws such as the Fair Labor Standards Ac...
| Main Author: | Hanvey, Chester, |
|---|---|
| Other Authors: | SpringerLink (Online service) |
| Format: | eBook |
| Language: | English |
| Published: |
Cham, Switzerland :
Springer,
[2018]
|
| Physical Description: |
1 online resource. |
| Subjects: |
Table of Contents:
- Intro; Wage and Hour Law; Guide to Methods and Analysis; Copyright; Preface; Acknowledgements; Disclaimer; Contents; Chapter 1: Wage and Hour Legal Context; 1.1 Introduction; 1.2 Fair Labor Standards Act; 1.3 State and Local Wage and Hour Laws; 1.4 Exemptions from the FLSA; 1.4.1 Proposed Revisions to Exemption Criteria; 1.5 Independent Contractors; 1.6 Off the Clock Work; 1.6.1 De Minimis; 1.7 Meal and Rest Breaks; 1.8 Special Wage and Hour Issues in California; 1.9 Class Certification; 1.10 Trends in Wage and Hour Litigation; 1.11 Conclusion; References; Statutes and Regulations.
- Court CasesChapter 2: Data Collection Methods; 2.1 Measurement; 2.2 Job Analysis; 2.2.1 Toward an FLSA-Relevant Job Analysis; 2.3 Choosing an Appropriate Method; 2.4 Observational Approaches; 2.4.1 Sampling Considerations; 2.4.2 Live Observations; 2.4.3 Video Observation; 2.5 Self-Report Approaches; 2.5.1 Biases and Limitations in Retrospective Reports; 2.5.2 Confidentiality and Anonymity; 2.5.3 Threats to Data Quality; 2.6 Job Analysis Questionnaires; 2.6.1 Administration Method; 2.6.2 Job Analysis Questionnaire Development; 2.7 Structured Interviews; 2.7.1 Elements of Structure.
- 2.7.2 Documenting Interview Responses2.7.3 Analyzing Interview Data; 2.8 Conclusion; References; Statutes and Regulations; Chapter 3: FLSA Exemptions; 3.1 Introduction; 3.2 Terminology; 3.3 Duties Test and Salary Test; 3.4 Defining "Primary Duty"; 3.5 Executive Exemption; 3.5.1 Employer's Realistic Expectation; 3.5.2 Methods to Evaluate the Executive Exemption; 3.6 Administrative Exemption; 3.6.1 Administrative/Production Dichotomy; 3.6.2 Methods to Evaluate the Administrative Exemption; 3.7 Professional Exemption; 3.7.1 Methods to Evaluate the Learned Professional Exemption.
- 3.8 Other Exemptions3.9 The Future of FLSA Exemptions; 3.10 Conclusion; References; Statutes and Regulations; Court Cases; Chapter 4: Employment Status; 4.1 Employment Status; 4.2 Independent Contractors; 4.2.1 Implications of Independent Contractor Classification; 4.2.2 Defining an Independent Contractor; 4.2.3 Industries Which Rely on the Independent Contractor Model; 4.2.4 Inconsistent Court Decisions; 4.2.5 High-Profile Gig Economy Cases: Lyft and Uber; 4.2.6 Alternatives to Current Independent Contractor Classification.
- 4.2.7 What Data Are Required to Evaluate Whether Independent Contractors Are Classified Appropriately?4.3 Joint Employment; 4.3.1 Horizontal Joint Employment; 4.3.2 Vertical Joint Employment; 4.3.3 Issues for the Franchisee Model; 4.3.4 What Data Should Be Collected to Evaluate Joint Employment?; 4.4 Other Non-employee Classifications; 4.4.1 Minor League and Collegiate Athletes; 4.4.2 Interns; 4.4.3 Trainees; 4.4.4 What Data Are Needed to Evaluate the Status of These "Other" Categories of Employees?; 4.5 Recommended Data Collection Methods to Assess Employment Status.