Exempt Employee

[font size="1" color="#FF0000"]LAST EDITED ON 06-18-02 AT 08:17PM (CST)[/font][p]hi

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  • [font size="1" color="#FF0000"]LAST EDITED ON 06-18-02 AT 10:59AM (CST)[/font][p]Not knowing anything about MO regulations, here's an MS answer: First of all why in the world would you hire an accountant to 'take care of human resources issues', unless you're talking about purely bookkeeping issues that relate to payroll or time? If your policy, like ours, states that an employee is not eligible for vacation until _____________, then if you let him off for vacation already scheduled, no, you need not treat it as paid vacation. I would have that covered in the offer letter for sure. we'd have to fully analyze the position's duties to determine exempt qualification. Don't assume it's, as you indicate, "an exempt level job" if it's primarily clerical. Accounting clerks are non-exempt as are HR assistants, generally. It sounds like you might be planning to hire somebody that will combine both of those functions and not really have an administrative role at all. There's no limit on how many hours an exempt might work, especially somebody in HR (tongue in cheek). It's been my experience, though, that it's awfully difficult to get accounting exempts to work as long and hard as HR exempts! Hire you a good, experienced HR person and get a part time accounting clerk for the other unit.

  • To determine if an employee can be exempt from overtime, you really need to look closely at the job description (not the title) and the regulations. The law provides exemptions for several categories of workers: supervisors, professionals, administrative, computer professions -- but each job must fit certain criteria to be exempt. And those exemptions need to be read very closely (the DOL and the courts will construe them against the employer). Also, most exemptions require that the employee spend a minimum amount of time on.

    As far as giving a week off, you can give it off without pay.
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