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Lloyd L. Fields Commissioner of Labor. Should ees be paid for the time spent donning protective clothing? Should ees be paid for the time spent walking.

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Presentation on theme: "Lloyd L. Fields Commissioner of Labor. Should ees be paid for the time spent donning protective clothing? Should ees be paid for the time spent walking."— Presentation transcript:

1 Lloyd L. Fields Commissioner of Labor

2 Should ees be paid for the time spent donning protective clothing? Should ees be paid for the time spent walking between changing areas and production areas? Re: Portal to Portal Act

3 Should terminated employee be compensated for accumulated sick leave?

4 Independent contractor is one who renders services according to own methods and is subject to er control only as and end product. Items to consider Contract Degree of er control Type of occupation Type of skill and type of work Tools used Length of time employed Method of payment Is there a master servant relationship? Right to terminate w/o liability? Training? Evaluation System? Benefits? Do hypotheticals #1 and #2

5 7/24/07$5.85 7/24/08$6.55 7/24/09$7.25 Look for full schedule in pamphlet

6 Non Exempt Overtime 1 ½ Private ers can not give comp time off in place of overtime pay No required break times except for children Have to pay in 1 week segments cannot lump pay into 2 weeks. On Call not compensable unless limits freedoms

7 Exempt $455 threshold rate $23,600 yearly salary Primary duty is to supervise Directs work of 2 or more Has authority to hire or promote More than 50% in exempt type work

8 Administrative employee exemption More than $455 Office or non manual work Use of independent judgment Assist with running of business Learned professional $455 Knowledge of specialized field..doctors lawyers Creative professional $455 graphic arts, writing, music, acting

9 Title 40 Defines employer/employee wage Law Non exempt paid twice monthly Exempt paid once monthly Administrative fines $ if pay is 11 days late Must pay terminated ee by next pay period Unless bona fide disagreement exists Liquidated damaged 2% daily of unpaid wages If death of ee money is due to spouse and children

10 Pay up or send written notice. EE may apply to labor commission as a wage claim ER has right to dispute claim

11 Illegal in the state of Oklahoma If intent to prevent former ee from engaging or securing other employment Fine $100 - $ plus recovery of damages

12 Non payment of accrued leave Retaliation for whistle blowing Abuse at work Women paid less than men Withholding illegal deductions. All withholding must be with written permission with EE. Overpayment of wages can be recovered by ER EE can not be charged for training ER does not have to pay while EE is training

13 All ee wag records must be kept for 5 years from ends of employment

14 Claimant must provide evidence Statement taken from witnesses Claims can be made for two years after termination ER has 15 days to reply and informal hearing in conducted Notice of determination is given. ER can still request a hearing with commissioner Burden of proof rests with ER

15 Only used to prevent solicitation of ER clients Not for restraint of future earnings of EE Must be signed by both parties Must not be signed under duress or coercion. EE can not signed right to sue away OK takes dim view of non compete clauses If more than 1 year duration.


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