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BL
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| Record Number
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864687
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| Main Entry
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Hanvey, Chester
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| Title & Author
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Wage and hour law : : guide to methods and analysis /\ Chester Hanvey.
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| Publication Statement
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Cham, Switzerland :: Springer,, [2018]
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, ©2018
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| Page. NO
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1 online resource
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| ISBN
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3319746111
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: 331974612X
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: 9783319746111
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: 9783319746128
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9783319746111
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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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.
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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.
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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.
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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.
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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.
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| Abstract
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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 Act, state and local laws, guidance from government enforcement agencies and court decisions. This book provides a clear and understandable overview of the legal context along with methods for data collection and analysis to measure and evaluate compliance pertaining to commonly litigated disputes, such as independent contract classification, FLSA exemptions, pay equity, and off-the-clock work. This framework for understanding and responding to such cases is suitable to both those new to the field and expert consultants while also acting as a springboard for further research in this increasingly relevant legal area. Included in the coverage: · Trends in wage and hour litigation. · Applicable data collection methods for evaluating wage and hour compliance. · Assessing employment status. · Strategies to measure and prevent off the clock work. · Factors that impact meal and rest break compliance. · Stages of a class-action lawsuit. · Statistical sampling and analyses. · Understanding and analyzing pay equity. Wage and Hour Law: Guide to Methods and Analysis fills knowledge needs for an audience that includes management and industrial/organizational psychology graduate students interested in legal issues as well as testifying experts, external consultants, HR practitioners, management professionals, and labor economists.
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| Subject
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Hours of labor-- Law and legislation-- United States.
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Minimum wage-- Law and legislation-- United States.
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Overtime-- Law and legislation-- United States.
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Wages-- Law and legislation-- United States.
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Hours of labor-- Law and legislation.
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LAW-- Administrative Law Regulatory Practice.
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Minimum wage-- Law and legislation.
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Occupational industrial psychology.
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Overtime-- Law and legislation.
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Psychology.
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Wages-- Law and legislation.
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| Subject
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United States.
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| Dewey Classification
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344.7301
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| LC Classification
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KF3489
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