Copies of the ANCOR Wage & Hour Handbook can be obtained directly from ANCOR by clicking on the homepage link, calling ANCOR at 703-535-7850, or writing to ANCOR at 1101 King Street, Suite 380, Alexandria, VA 22314-2944.




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Overview of the ANCOR Wage & Hour Handbook
By Joni Fritz, Labor Standards Specialist

This 124-page Handbook is designed to help agencies that provide residential supports to people with disabilities comply with U.S. Department of Labor wage and hour requirements. It is based on statutory requirements of the Fair Labor Standards Act, on regulations and interpretative guidelines contained in 29 Code of Federal Regulations Parts 500-899, and in opinion letters of the U.S. Department Labor (which carry the weight of law for employers who rely on them in good faith).

Contents of the Handbook include:

  • Twenty-two issues to Consider When Staffing a Human Service Agency
  • Creative Use of 14-Day Workweek Arrangements
  • Use of Salaries for Non-exempt Employees
  • Requirements Applied to the Use of Salaries
  • Basic Criteria for Exemption Under Federal Wage and Hour Rules
  • Application of Wage and Hour Rules to Respite Providers
  • “Companionship Services” as an Alternative to Group Living Arrangements
  • Contractual Relationships Defined
  • Foster Care Criteria
  • Computation of Overtime When An Employee Is Paid Different Rates
  • Joint Employment By Two Agencies Can Affect Overtime
  • Staff Training Time Must Be Compensated
  • Cost and Time Related to Employee Physicals Must Be Reimbursed
  • Some Staff Travel Time Must Be Compensated
  • Compensatory Time in the Private Sector Is Strictly Limited
  • Volunteer Time Strictly Limited for Employees

Section II Addresses Rules and Policies Governing Residential Staff:

  • Overview of Rules and Interpretations for Residential Staff
  • Regulations That Apply to Employees Who Are On Duty For 24-Hours or More
  • Regulations That Apply to Employees Who Reside On the Premises
  • Enforcement Policies that Apply to Employees Who “Reside on the Premises for an Extended Period of Time”
  • Definition of “Uninterrupted Sleep”
  • Payment of Sleep Time as an Alternative Method of Compliance
  • Treatment of the Value of Room and Board When Computing Pay
  • Treatment of Free Meals
  • Treatment of Meal Periods as Hours Worked

Section III: Miscellaneous Provisions:

  • Recordkeeping Requirements
  • Child Labor Laws
  • Requirements Applied to Employment of Young Workers
  • Screening Job Applicants: A Guide for Employers
  • Cautions Regarding Employment References

Defense of Orders to Pay Back Wages:

  • Negotiating Department of Labor Orders to Pay Back Wages 
  • Employers Can Defend Practices Using “Good Faith Defense”
  • Labor Department Letter to Employees Can Be Excluded as Evidence
  • Commonly Asked Questions

Copies of relevant sections of federal rules and Department of Labor opinion letters are included in the Handbook.

 



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