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

2. 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

3. 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

4. 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)

5. 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.

6. 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!

7. 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

8. American Business League AREAS THAT WILL MAKE OR BREAK A COMPANY

9. 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

10. 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

11. 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

12. 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

13. American Business League13

14. 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

15. 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 or less Employee’s
$ 89/mo to 50 Employees
$149/mo to 99 Employees

16. 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

17. American Business League
FOR MORE INFORMATION, PLEASE CONTACT:
MANUEL R. LOPEZ
AMERICAN BUSINESS LEAGUE