Standard Procedure In A Merger
Predecessor will pay final wages and furnish Form W-2 for all wages paid
Alternate Procedure in a merger
Predecessor will pay final wages and furnish the successor with all wages paid and taxes withheld.
The successor will pay wages after the transaction and furnish form W-2 for wages in the year.
White Collar Exemption
Bona fide administrative, executive, professional and computer-related professional employees, as well as outside sales employees, are exempt “white collar” employees under the FLSA. This emans they are not covered by the minimum wage, overtime and certain recordkeeping requirements.
Depends on:
Primary Duties
Discretionary authority, and
Minimum salary
Pubilc Sector Exempt Employees
Employees of public ERs are only subject to SS tax when covered by a Section 218 agreement or not eligible for a public EE retirement plan meeting certain requirements.
- publicly elected
- elected official’s personal staff
- elected official’s appointment with policy making powers
- Immediate advisors to elected officials
- persons employed by a stat or local legislative branch
Common Paymaster
When EE works for one or more related companies concurrently, the wages & taxes are combined and reported by common paymaster.
Single Wage Base
Common paymaster requires
That all wages for employees working for one or more
related companies concurrently are combined, taxed,
paid, and reported by the common paymaster as a
single transaction for each employee
What is the minimum wage?
$7.25 per hour
Was increased in three stages by the Fair Minimum Wage Act of 2007. It rose to $7.25 per hour on July 24, 2009.
What is the lower “opportunity” wage for teenagers?
The minimum wage for newly hired employees under the age of 20 is $4.25 per hour of the first 90 consecutive calendar days after they are hired.
If the employee reaches age 20 during the 90-day period, the employee must be paid at least the federal minimum wage in effect as of the employee’s birthday.
Is the minimum wage required if any work performed is not covered by FLSA?
Yes, in any workweek in which employees do some work that is covered by the FLSA and some that is not covered, they must be paid at least the minimum wage for all work done.
What is a workweek?
Regularly recurring period of 168 hours or 7 consecutive 24 hour periods.
What are wages other than cash included in minimum wage calculations?
In addition to wages paid in cash or check, employees may be paid in noncash forms as well. The my be paid partly in room, board or other facilities provided.
Training Wages
Where time spent by employees in employer-provided training is considered hours worked.
What is the minimum wage for tipped employees?
$2.13 per hour
What is the tip credit that employers can take?
$5.12
Note: $7.25 - $2.13 = $5.12
Are service charges considered an employee’s tip?
No
What are the conditions that must be met for an employer to take advantage of the tip credit?
Regular rate of pay (RROP) formula
(Hourly wages for all wages + supp wages, premiums, on call, etc) / number of hours worked
Overtime Premium Rate
RROP x .50
What is considered part of Regular Rate of Pay?
What is NOT considered Regular Rate of Pay?
How do you calculate the regular rate of pay for an employee being paid more than one rate?
This done by a weighted average,
total regular pay form all jobs / total hours worked = regular rate of pay
How do you calculate the regular rate of pay for a salary non exempt employee?
Calculate the employee’s yearly salary and then divide by the number of hours to be compensated in a year.
For employees who normally work a 40-hour-per-week schedule, the number of hours worked per year is 2,080.
How do you calculate the regular rate and overtime for pieceworkers?
Method 1: First determine RROP:
(regular piecework earnings + bonus(es) / total hours worked
Next determine OT Prem:
RROP x .50
Then determine the total earnings for the workweek,
Regular rate of pay + overtime premium
Method 2: 1.5 times piece rate (requires prior agreement)
How do you calculate the regular rate and overtime of pay for tipped employees?
The full minimum wage is used in determining the employee’s regular rate of pay.