Exempt hourly? Attorneys please help!
Lisa B
3 Posts
I have gotten mixed answers from - HR associates, bulletin boards, and two attorneys! I really need a concise answer. LA lawyers....please help!
I don't know if this is state specific or not....but I'm in Louisiana.
We have hired a "temporary" attorney. She will be paid on our payroll, not through a service. They want to pay her by the hour, and keep her exempt, and NOT pay overtime over 40 hours....????!!! Can we do this?
I know there is an exception for IT professionals, and the amount is $27.63. IF we can do this, do we have to pay straight time for hours over 40? AND is there a wage threshhold? Is it the same $27?
I'm really in a bind, and need an answer. If anyone can provide me with official documentation either way, that would certainly be helpful, too, since I will have to show the documentation either way.
THANKS~!!!
I don't know if this is state specific or not....but I'm in Louisiana.
We have hired a "temporary" attorney. She will be paid on our payroll, not through a service. They want to pay her by the hour, and keep her exempt, and NOT pay overtime over 40 hours....????!!! Can we do this?
I know there is an exception for IT professionals, and the amount is $27.63. IF we can do this, do we have to pay straight time for hours over 40? AND is there a wage threshhold? Is it the same $27?
I'm really in a bind, and need an answer. If anyone can provide me with official documentation either way, that would certainly be helpful, too, since I will have to show the documentation either way.
THANKS~!!!
Comments
I'm not an attorney, but work in LA and can confirm that this is not addressed by LA statute. The FLSA governs what you're talking about. The $27.63/hr threshold only applies to computer people, so don't let that number interfere with your particular attorney example.
It is inconsistent to treat her hourly and call her exempt. It seems to me the issue is best handled by: treating her as an hourly employee and controlling the amount of time that he/she works by not permitting >40 hrs per week. This is really a scheduling issue that the employer controls.
Option 2 might be to treat the attorney as an independent contractor (with a bona-fide I-C agreement)and pay the individual based on hours billed. A flat rate for all hours worked, therefore no overtime applies becuz this person is not an employee.
Having said all of the above, since LA has so few large employers, your decision to treat the attorney as hourly and exempt will not likely be noticed by too many people and may not be an issue. You didn't mention how long this "temporary" arrangement is expected to last, but if for a very short time, it's probably not an issue. Hope this helps.
H. Mark Adams (editor, Louisiana Employment Law Letter)
JONES WALKER
201 St. Charles Ave.
New Orleans, LA 70170-5100
phone: (504)582-8258
FAX: (504)582-8015
e-mail: [email]madams@joneswalker.com[/email]
Take a look at 29CFR541.314(a). This provision specifically states that lawyers (along with physicians and school teachers) do NOT need to meet the salary test in order to be "exempt." Thus, in short, you can pay them on an hourly basis, and still exempt them from the overtime rate of pay (while deducting hours missed).