4. Comp and Bennys 15 Flashcards
Compensation
Cash based rewards provided to employees in recognition of and in exchange for the performance of their jobs.
Benefits
Noncash, or indirect, rewards provided to employees in recognition of and in exchange for the performance of their jobs.
Total Rewards
Speaks to HR’s responsibility to ensure that the organization’s total compensation and benefits programs, policies, and practices reinforce and support the short-term, long-term, and emerging and strategic objectives of the organization.
Worker’s Compensation
State laws intended to provide medical care to injured employees and death benefits to families of those who died. Worker’s comp is a “NO FAULT” system–INJURED WORKERS RECEIVE MEDICAL OR COMPENSATION BENEFITS REGARDLESS OF WHO CAUSED THE JOB-RELATED ACCIDENT.
Davis-Bacon Act, 1931
Minimum Wage! Was (and still is) limited to the construction industry– specifically, those contractors and subcontractors on:
-Any and all federal government construction contracts
-Nonfederal government construction projects in excess of $2,000 that receive federal funding.
Contractors and subs who meet either of these criteria are required to provide mechanics and labourers who are employed at the actual worksite with wages and benefits that are equal to (or better than) what workers on similar local projects receive.
Walsh-Healy Public Contracts Act (PCA), 1936
Minimum Wage! Requires contractors who have contracts with the federal gov. that exceed $10,000 to pay an established min. wage to workers employed through that contract. In addition to min. wage, W-H PCA addressed issues including Overtime pay and Safe and Sanitary working conditions.
Fair Labor Standards Act (FSLA), 1938
A law that establishes standard with respect to minimum wage, record-keeping, child labor standards, and overtime pay.
FSLA- Minimum Wage
- It is a president who must either sign or veto legislation to increase the minimum wage.
- State -if higher (wage) super-seeds Federal.
FSLA-Overtime
Non-exempt must be paid at a rate of 150% (time and a half), of his regular rate per hour. (which may be different than employee’s stated hourly wage rate) ??
FSLA- Child labor standards (youth employment standards)
- Restricts number of hours under 16 CAN work as well as TYPES of work under 18 can perform.
- Children under 14 cannot be employed (except farmwork)
- 14, 15 year olds limited to: n
- non school hours, 3 hours/school day, 18 hours/school week, 8 hours in a non school day, 40 hours in a non school week, Hours btwn 7am-7pm, 9pm (june1- Labor day.
- 14, 15 year olds are restricted from performing manufacturing, mining, and hazardous jobs.
- Youths who are 16 years and older may work an unlimited number of hours per day.
- FLSA does NOT require work permits or papers, States DO!
FSLA- Record Keeping
Employers must maintain accurate and complete records for each non-exempt employee of hours worked and wages earned. Certain identifying information (such at SS, address, and so on) is also required. No timekeeping required.
- Employer shall preserve for at least 3 YEARS payroll records, collective bargaining agreements, sales and purchase records, Records on which wage computations are based should be retained for 2 YEARS. e.e, time cards, piecework tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.
- Records may be kept at place of employment or in a central records office.
- Collective Bargaining agreement may require to keep additional overtime-payments records or share them with the union at certain specified times.
Workweek
Any fixed and regularly recurring period of 168 hours (24 hours in a day, seven day a week)
Regular Rate of Pay
Includes more than hourly rate of pay. Also includes any incentives and commissions, but not bonuses (which unlike incentives are discretionary), pay for time not worked, premium pay for weekend or holiday work, and the like.
Executive Exemption
FLSA
- Employee’s Primary duty must be Managing the enterprise or Managing a customarily recognised department or subdivisions of the department.
- The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent.
- The employee must have the Authority to Lure or Fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight.
Administrative Exemptions
FSLA
- Employee’s primary duty must be the performance of Office or Non-manual work directly related to the management or general business operations of the employer or the employer’s customers.
- The employee’s primary duty includes the Exercise of Discretion and Independent judgment with respect to matters of significance.
Computer Employee Exemptions
FSLA
- Employee rate must not be less than $455 per week or not less than $27.63
- Employed as Computer Systems analyst, programmer, software engineer, simliarly skilled in the field perfomring these duties:
- Fill in more here
Outside Sales Exemption
FSLA
Minimum salary is not required to establish an exemption on the basis of outside sales.
-Primary duty must be Making Sales (as defined by FLSA) or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer.
-Must be Customarily and Regularly engage Away from the employer’s place or places of business.
Highly Compensated Employee Exemption
FLSA. Employee must:
- Earn $100,000 or more annually (of which at least $455 per week must be paid on a salary or fee basis.
- Perform Office or Nonmanual work.
- Customarily and regularly perform at least One of the duties of an Exempt executive, administrative, or professional employee identified in the Standard Tests for exemption.
Safe Harbour Provisions
Provision under which an employer that has made IMPROPER SALARY DEDUCTIONS can protect itself from losing the exemption. To do so, required to:
- Have a clearly COMMUNICATED POLICY prohibiting improper deductions and including a compliant mechanism.
- REIMBURSE employees for any improper deductions.
- Make a good faith commitment to comply in the future.
Portal to Portal Act, 1947
An amendment to the FSLA.
that offered clearer def of “hours worked” for the purpose of minimum wage and overtime payments.
-Employers only required to compensate workers for working time that they spend on ACTIVITIES THAT RELATE TO THE PERFORMANCE of their job.
Equal Pay Act (EPA), 1963
Law that prohibits discrimination on the basis of sex in the payment of wages or benefits to men and women who perform substantially equal (but not identical) work, for the same employer , in the same establishment, and under similar working conditions. (Establishment usually refers to one specific physical location.) Four factors are used as bases to assess the substantial equality of jobs under the EPA:
- RESPONSIBILITY: The degree of responsibility and accountability that an employer entrusts to and expects from a particular position.
- SKILL: The amount or defree of experience, ability, education, and training required to perfom the job.
- WORKING CONDITIONS: The physical surrounding of the position, as well any hazards that are associated with a particular position.
- EFFORT: The amount of physical or mental exertion required to perform the job.
Social Security Act (SSA), 1935
A social insurance program that is FUNDED THROUGH PAYROLL TAXES. Social Security has three primary components, which are now referred to as Retirement income, Disability benefits, and Survivors benefits.
Unemployment Insurance
A program intended to help employees financially “bridge” the gap between positions when an employee has lost his job through no fault of his own. Unemployment insurance was established as part of the federal Social Security Act of 1935 but is administered at the state level. Unemployment insurance is funded through employer taxes (except in three states, where employees contribute as well).
Medicare, 1965
An amendment to the Social Security Act that provides Hospital and Medical insurance for the elderly and people with disabilities. Four Parts: Hospital (A), Medical (B), Medical Advantage Plans (C), Prescription (D).