Wage Hour Laws A State-by-State Survey

New Edition!
Wage and Hour Laws:
A State-by-State
Survey, Second Edition
Gregory K. McGillivary, Editor-in-Chief
ABA Section of Labor and Employment Law
A companion volume to The Fair Labor
Standards Act, providing an exhaustive
analysis of state wage and hour laws
and related litigation
Also Inside:
The Fair Labor Standards Act, Second
Edition, with 2011 Supplement
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2011/2 Volumes/Approx.
2,300 pp. Hardcover
ISBN 978-1-57018-944-9
Order #1944/$425.00
New Edition!
Wage and Hour
Laws: A State-by-
State Survey,
Second Edition
Gregory K. McGillivary, Editor-in-Chief
Federal Labor Standards Legislation Committee
ABA Section of Labor and Employment Law
An in-depth survey of the wage and hour laws
specific to each state
Start your free
30-day review!
Call
1.800.960.1220,
go to
bna.com/bnabooks,
or use the attached
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order form.
Unlike other books covering this area of the law, BNA
Books’ Wage and Hour Laws: A State-by-State Survey,
Second Edition goes beyond recitation of each
state’s statutory law and provides detailed analyses
of state regulations, wage orders, and court cases
interpreting and applying the laws. Plus, this in-depth
survey addresses special litigation issues particular to
each state, including questions on choice of forum,
availability of class actions, and more. This treatise
covers all 50 states, plus the District of Columbia and
Puerto Rico, jurisdiction by jurisdiction, and addresses
such state wage and hour law issues as:
n Minimum wage and overtime
n Timing, place, and manner of payment to employees
n Mandatory payments in addition to overtime, such
as shift differentials and reimbursements for tools
and uniforms
n Prohibitions on hours worked and mandatory leave,
such as required rest periods and meal breaks
n Enforcement and remedies
n Special litigation issues, including availability of Rule
23 class actions and prerequisites in state actions
n Common law wage and hour actions (types of
actions, defenses, and damages)
n Attorneys’ fees litigation, jurisdiction by jurisdiction
n Enforcement and remedies issues
n Unique defenses to state wage and hour litigation
State case analysis and state administrative agency
rules and requirements can be very difficult to locate,
and research on a state-wide basis is often difficult
to conduct. Wage and Hour Laws: A State-by-State
Survey, Second Edition provides the most up-to-date
analyses in an easy-to-follow format, saving hours
of research and enabling practitioners to quickly
find the information they need and compare laws in
different states.
About the Editor
Gregory K. McGillivary is a partner in Woodley
& McGillivary, Washington, DC. He practices in
the areas of fair labor standards law, employment
discrimination law, and public sector labor
relations law.

Wage and Hour Laws: A State-by-
State Survey, Second Edition
Summary of Contents
I. Overview of State Law and Regulation
II. Operations and Functions of State
Administrative Agency
A. Overview
B. Investigatory Function
C. Exhaustion Requirements
D. Administrative Wage Orders
E. Adjudication
III. Minimum Wage and Overtime Laws
A. Coverage
1. Definition of Employee
2. Definition of Employer
3. Independent Contractor
B. Minimum Wage
1. Minimum Wage Rate
2. Credits/Offsets Against the Minimum Wage
a. Tip Credit
b. Meals and Lodging
3. Payments for Uniforms and Tools
C. Overtime Pay
1. Payment Based on Workweek or Workday
2. Calculation of the Rate at Which Overtime
is Paid
a. Hourly Employees
b. Salaried Employees
c. Employees Paid on Commission
d. Employees Paid at Two or More Rates
D. Exemptions
1. General Overview of Exemptions
a. FLSA Exemptions Adopted
b. Primary Duty Test
c. Salary Basis Test
2. Administrative Exemption
3. Professional Exemption
4. Executive Exemption
5. Computer Professional Exemption Test
6. Agricultural Exemption
7. Motor Carrier Exemption
8. Outside Sales Exemption
9. Other Exemptions
E. Calculation of Hours Worked
1. On-Call Time
2. Meal Periods/Rest Periods
3. Preliminary/Postliminary Work
4. Travel Time
5. Other Work Time Issues
IV. Timing, Place and Manner of Payments
A. Designated Paydays
B. Payments to Hourly and Salaried
Employees
C. Payments to Employees Paid on Commission
D. Payments to Deceased Employees
E. Payments to Separated Employees
1. Timing of Final Payment
2. Final Compensation and Expense
Reimbursement
F. Prohibitions Against Deductions or
Refunds to the Employer
V. Payments and Leave in Addition to Minimum
Wage and Overtime
A. Working on Holidays and Sundays
B. Reimbursement for Uniforms or Tools
C. Mandatory Paid Leave
D. Other Mandatory Payments
VI. Prohibitions on Hours Worked
VII. Occupations With Special Rules
A. Homework
B. Public Sector Employment
C. Other Occupations
VIII. Child Labor
A. Coverage
B. Children Under 14 Years of Age
C. Children Under 16 years of Age
D. Children Under 18 years of Age
E. Work Permits
IX. Recordkeeping, Posting and Notice
Requirements
A. Recordkeeping
B. Posting and Notice Requirements
X. Enforcement and Remedies
A. Administrative Enforcement
B. Private Enforcement
C. Criminal and Civil Penalties
D. Injunctions
E. Other Enforcement and Remedies Issues
XI. Common Law Causes of Action
A. Types of Actions
B. Defenses
C. Damages and Remedies
XII. Retaliation
XIII. Special Litigation Issues
A. Statutes of Limitations
B. State Law Class and Collective Actions
C. Double, Treble or Other Additional
Damages
D. Attorneys’ Fees
E. Other Defenses
F. Other Special Issues

2010/2 Volumes/2,230 pp.
Hardcover
with 2011 Supplement
Order #9871/$735.00
2011 Supplement alone:
ISBN 978-1-57018-871-8
Order #1871/$255.00
New Supplement!
The Fair Labor
Standards Act,
Second Edition, with 2011 Supplement
Ellen C. Kearns, Editor-in-Chief (Main Volume)
Dennis M. McClelland, Aaron Kaufmann, Editors-in-Chief
(2011 Supplement)
Federal Labor Standards Legislation Committee
ABA Section of Labor and Employment Law
The most comprehensive coverage of this rapidly
growing area of labor and employment law
With its labyrinth of requirements, the Fair Labor Standards Act (FLSA)
can be confusing and difficult. Now, this complex and rapidly expanding
area of the law is presented in a single, balanced treatise that will become
your reference of first resort as you advise clients, analyze fact patterns,
and litigate cases under the FLSA. The Fair Labor Standards Act, Second
Edition, with 2011 Supplement goes beyond descriptions of FLSA coverage
and exemptions to help you determine why and how you should proceed
on a particular course for your clients. This book contains discussion of:
n Collective action litigation brought under the FLSA by individual
private plaintiffs
n “Hybrid” actions involving both state and federal law claims
n Elements of enforcement actions and litigation brought by the
Secretary of Labor
You also get:
n Point-by-point evaluations of each FLSA exemption
n Proven steps and strategies for dealing with enforcement, remedies,
and litigation
n Special considerations for determining compensable hours, minimum
wages, and overtime pay
n Discussions concerning Department of Labor (DOL) administration,
state and local government coverage, child-labor issues, and
recordkeeping
n Meticulous citations and footnotes—with decisions broken out
by circuit
The treatise also provides detailed analysis of a number of critical topics,
including the 2004 revisions to the white-collar exemptions, the case law
that has come down under the new regulations, and the 2008 SAFETEA-
LU Technical Corrections Act.
In addition to these developments, the FLSA coverage now includes a
detailed description of joint employment and independent contractor
status, as well as an examination of the economic reality test and
individual liability of corporate officers and owners. The chapter on
compensable work time takes an in-depth look at preliminary and
postliminary time, off-the-clock time, and travel time. Count on The
Fair Labor Standards Act, Second Edition, with 2011 Supplement to
provide the practical insights on real-world questions about litigation,
remedies, and more that will ensure you are fully informed about this
critical law.

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All New in The Fair Labor Standards Act,
Second Edition, 2011 Supplement!
The all-new 2011 Supplement to The Fair Labor Standards Act, Second
Edition provides the latest updates on the case law and regulations.
The Supplement:
n Covers the significant case law developments—both at the circuit
and district court levels—and Department of Labor opinions
from June 2009 through May 2010, plus several later appellate
and U.S. Supreme Court decisions
n Incorporates the Department of Labor regulations issued on
April 6, 2011
n Analyzes the U.S. Supreme Court’s landmark decision in the
retaliation case, Kasten v. Saint-Gobain Performance Plastics Corp.
n Discusses the latest developments in overtime exemptions,
including the string of decisions addressing pharmaceutical
representatives
n Tracks the continuing development of what constitutes
compensable time, following the U.S. Supreme Court’s decision
in IBP, Inc. v. Alvarez
n Updates the new Chapters 19 and 20 on collective action and
“hybrid”/“combined action” litigation issues

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