My situation this year New ENGB Misunderstanding Perfect storm Slow season Mental issues Wife self-appointed employee rights activist for school district Experts-” we researched this”

Application of Federal Labor Laws to Reforestation Fair Labor and Standards Acts (FLSA) McNamara-O’Hara Service Contract Act (SCA) Contract Work Hours and Safety Standards Act (CWHSSA) Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Field Sanitation Provisions of the Occupational Safety and Health Act of 1970 (OSH Act) THERE MAY BE OTHERS!!

What do they contain? Fair Labor and Standards Act Federal Minimum wage Overtime Recordkeeping Child labor requirements

What do they contain? Service Contract Act Prevailing wage Fringe benefit Recordkeeping requirements All for work performed on covered contracts with the Federal government.

What do they contain? Contract Work Hours and Safety Standard Act Companion law to SCA Overtime pay for hours worked over 40 per week on covered contracts

What do they contain? Migrant and Seasonal Worker Protection Act Sets standards for protection of migrant and seasonal workers Wages Housing Transportation Disclosures Recordkeeping Register farm labor contractor and drivers

What do they contain? OSHA Not covered in my audit, taken care of by agency?

When do they apply?

When do they apply? Fair Labor Standards Act Any employee involved in interstate commerce or production of goods for interstate commerce ORall employees of enterprise that does interstate commerce or produces goods for interstate commerce and grosses over $500,000 per year Definition of interstate commerce Employees cross state lines Goods cross state lines Faxes or letters apply Exemptions for supervisors does not apply to us

When do they apply? SCA and CWHSSA Work performed under federal contract for services (including forest firefighting) Exempt from prevailing wage if contract under $2500. Must still meet FLSA minimum wage

When do they apply? MSPA Any person who solicits, recruits, hires, employs, furnishes or transports any migrant or seasonal agricultural worker Specifically mentions forest firefighting Exempt if within 25 mile radius of home and for not more than 13 weeks each year Housing requirements do not apply to bona fide innkeepers /apartments/motels Transportation requirements do not apply to bona fide common carriers or car pools

Example Wildland Fire Contractor Will perform interstate work Will pay overtime on all hrs over 40 (even though CWHSSA does not require it) Employees are transported by company vehicles

Wages Work under agreement – SCA and CWHSSA Must meet prevailing wage requirements Health and Welfare ($3.59 per hour) for first 40 hrs each week Overtime at time and a half over 40 hrs per week Pay at least semi-monthly (1 st and 15 th, 2 weeks, etc.) Provide holiday pay Provide vacation or vacation pay

Wages Work not under agreement - FLSA Cleaning engines, equipment repair, company specific training Pay for all training that is company specific. Do not need to pay if it gives them certification they can use with another employer. “Portable” Minimum wage No Health and welfare OT after 40 hrs

Vacation Pay Total hrs worked (SCA) in preceding yr X 40 = Hrs of Vacation due 2080 hours (full work year) 700/2080 X 40 = hrs at regular base rate

Holiday Pay Holiday pay= 2X the base rate up to 8 hrs Even if work done that week but not on holiday If 70 hr week on average, no work on July 4 and only works 10 hrs on 5 th 10 hrs/70 hrs (ave week) = 1/7 1/7 X 8 hrs holiday pay=1.14 hrs holiday pay at base rate plus H & W for first 40 hrs of total hours List as holiday pay on pay stub

Wages No daily rate that includes overtime! Overtime pay (50% is in addition to day rate)

Wages Publication 1325 DOL Day Rates and Job Rates An employee may be paid a flat sum for a day’s work or for doing a particular job, without regard to the number of hours worked in the day or at the job, and receive no other form of compensation. In such case, the employee’s regular rate is found by totaling all the sums received at such day rates or job rates in the workweek and dividing by the total hours actually worked. The employee is then entitled to extra half-time pay at this rate for all hours worked over 40 in the week.

Wages Determining regular rate Per Work Week Gross Pay – H & W=Gross wages Example: $2835/87 hrs worked =$32.58 regular rate Overtime hrs = 87-40=47 hrs ½ regular rate x 47 = OT pay $16.29x47=$ overtime pay

Disclosure - MSPA Disclosure form when recruiting WH-516 Wages Benefits Housing

MSPA WH 516 Terms and Conditions

Transportation MSPA Register as Farm Labor Contractor Transportation Register all drivers Submit form WH-515 for drivers (Doctors Certificate) (DOT card will work) Submit form WH-514 for each vehicle (Vehicle inspection) Includes pickups (DOT Inspection form will work)WH-514 Insurance $100,000/seat

MSPA WH 517 Potential Violations

Recordkeeping FLSA and SCA – Minimum 2 years Daily and weekly hours worked Rates of pay Additions/deductions from wages Total wages paid Wage and Rate tables for Prevailing wage Invoices, billing information, etc. MSPA Provide wage statement to employee each pay period

Stand by Pay Not compensable if: Employee not required to be at place of work Employee can utilize time for personal activities Not too frequent of calls for too long of a period There may be some restriction (ie: No alcohol) Regulations Part 785

Deductions If for employer’s benefit, cannot reduce wage below FLSA or prevailing wage or the overtime portion below the required 50% premium. Chaps, PPE, boots, etc. are for employer’s benefit Deductions, other than those required by law, can only permissible by MSPA if properly disclosed in advance to employee. Housing deductions can only be taken if the housing meets safety and health standards of MSPA.

Posters FLSA poster (Form WH-1088) SCA poster (Form WH-1313) MSPA poster (Form WH-1376) Minimum wage State/Federal Employee Polygraph Protection Act State Workman’s Compensation OSHA/WISHA posters Others?

Firestormer’s Payments Overtime for 2010 overtime (Idaho work) Boots for 2011 $125 per employee One engine boss $400 for one day $125 approx. other payroll costs $125 for boots $200 fine Total cost for day $850 Total overtime/boot payment $2290

Fines Fail to disclose conditions to workers$50 Fail to post MSPA poster$25 Fail to provide wage statement$50 Employee’s word against mine Fail to pay wages when due$200/employee Boots/overtime issues Fail to register as FLC$500 Fail to register employee (driver)$150 Total fines$1925

Total Cost Total payment $2290 Total fines$1925 Total (plus payroll taxes) $4115

Good luck!