Wage & Hour is changing their approach American Business League NATIONAL WILDFIRE SUPPRESSION ASSOCIATION

American Business League Department of Labor’s Rights American Business League Gather data concerning wages and hours worked Inspect and review record keeping practices Enter & inspect employers premises Interview and question the employee’s Inspect ALL regulations that apply to determine compliance

The investigative Process American Business League Complaint vs. Targeted Initiative Surveillance Field Visit Initial Conference Interviews Records Check Final Conference Re-Investigation CFR VS FOH Establish Coverage RECORD: Follow State & Federal Laws Apply All Exemptions NOT HAPPENING!!!! MAY TRY TO HAVE YOU SIGN A “TOLLING” AGREEMENT

American Business League Employer Rights American Business League Legal counsel and/or accountant may represent company Schedule interviews to not disrupt the work (Lunch, before or after work) W&H should request permission from person of Authority (Not managers) May request appoint for RC…If Records are not onsite (72 hour notice)

American Business League Employer Rights American Business League At final conference if given a “Summary of BW’s Due” may request copies of back wage computations. (WH has been refusing this) Do not sign anything without completely agreeing to the findings. The WH-56 “Summary of Unpaid Wages” binds you to paying of the BW’s The “Back Wage Collection & Disbursement” form if signed states that you are giving up your rights to any further due process.

American Business League EmployeE Rights American Business League Option to be interviewed May request copy of interview prior to being interviewed. To have their own counsel present. WHI’s are provided with computer, scanner, printer, cell phone, to conduct all work in the field. (Tax payer $$$$) It is a violation of the FLSA to fire, or in any other manner, discriminate against an employee for filing a complaint or for participating in a legal proceeding under this law ADVISE THEM PRIOR TO START OF ANY INVESTIGATION, IF NOT PROVIDED A COPY DO NOT SIGN!

Wage and hour new tactics American Business League Violations are being threatened as a “Willful” act. (3 year statute) Relying highly on “Joint Employment” (Penalties assessed on owner & FLC) Requesting that a “Tolling” agreement be signed immediately after FC Trying to get owners to sign the IC notes (Ask for a copy prior to starting) IC questions include asking about memberships and training taken & given Threats of turning file over to DA’s office as fraud

American Business League AREAS THAT WILL MAKE OR BREAK A COMPANY

The FAIR LABOR STANDARDS ACT American Business League Travel between job sites during the normal work day is work time Pre-work and post work activities (Loading and unloading equipment) Boots are considered for the benefit of the employer and should be paid Piece rate must equal minimum wage or higher

The Migrant and Seasonal agricultural worker Protection Act American Business League Disclosure: Conditions of employment at time of hire in the language of the employee (All deductions MUST be listed) Improperly insured and unsafe vehicles Housing properly maintained according to ETA or OSHA Payments made every 15 days or less

American Business League SERVICE CONTRACT ACT American Business League The separation of wages and fringe benefits Proper payment of vacation fringe benefits Proper payment of holiday fringe benefits Paying a day rate vs the prevailing wage rate Part 541 supervisor exemption applies

American Business League H-2a AREAS American Business League Not recording information for denying employment to U.S. Correspondent worker applicants Paying U.S. Workers doing H-2A work must be paid the AEWR rate or higher Part 541 exemptions apply but must be identified in the contracts Offering U.S. Workers doing H-2A work the same benefits (Housing, transportation, meals) Record keeping: HW offered –vs- Hours actually worked

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American Business League Because of my commitment to working with The National Wildfire Suppression Association I am donating a portion of the profits of each LegalShield personal memberships and of the Small Business Owners memberships to the “Fallen Firefighters Fund”. 2014 = $350 14

SMALL BUSINESS PROTECTION American Business League PROVIDES ANY SMALL BUSINESS WITH THE LEGAL PROTECTION OF A LARGE COMPANY Employee injuries and accidents Contract reviews and assistance Office and equipment leases Employee complaints Customer complaints Ensure compliance with federal and state laws Collection letters for money owed Breach of contract assistance 75 hours of court assistance ($89 & $149 only) Tax & Accounting Dept. Human Resources Dept. Collections Dept. Legal Dept. Mgt Dept. $ 39/mo. 10 or less Employee’s $ 89/mo. 0 to 50 Employees $149/mo. 51 to 99 Employees www.manuelrlopez.legalshieldassociate.com

Create layers of protection American Business League Company Benefits Provide a benefit package to employee’s Higher retention rates Employee’s cannot use against the employer Foremen & Managers Have attorney available Protection from employee’s Stop coercive tactics Employee’s can assert their rights Request signed documents Have attorney available Protection from other employees Stop coercive tactics

American Business League FOR MORE INFORMATION, PLEASE CONTACT: MANUEL R. LOPEZ 541-912-5826 AMERICAN BUSINESS LEAGUE