Petard
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No, but I remember Dr. Hook and the Medicine Show!
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Thanks, Parabeagle: Another lunch hour down the tubes! The Original Long-Haired Musicians: Beethoven Mozart . . . no others are close but I’ll toss in Handel and Tchaikovsky 20th Century Essentials: Robert Johnson Sonny Boy Williamson Tommy …
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If you're not familiar with the work of Steven Wright, he's the guy who once said: I woke up one morning and all of my stuff had been stolen...and replaced by exact duplicates. Here are some more of his gems: I'd kill for a Nobel Peace Prize. …
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Presumably, the blackjack dealing is considered to be nonexempt work. I'm firing from the hip here, Leslie, but it seems to me that as long as his nonexempt duties don't constitute more than 20% of his hours during this work week, you don't lose the…
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I suspect that the DLSE’s theory is along the lines that true exempt work is “blind” to the clock. It doesn’t matter whether it takes a few hours or many hours to get the job done. That’s why the rule exists that (with a couple of exceptions) an exe…
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For the most part, these comments appear to be on safe ground. Just a cautionary note, though, to Gillian and other dear contributors to Forum in the great state of California: “ . . . [T]he Division of Labor Standards Enforcement has determined t…
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Sandra_d's advice of paying a weighted average is probably the way you want to go. The federal rules for calculating overtime for employees working at two or more rates can be found at 29 CFR 778.115. See [url]www.dol.gov/dol/allcfr/ESA/Title_29…
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Try this on for size: [url]http://www.bls.gov/cpi/home.htm[/url]
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Oops. Actually, there may be further conditions besides whether your business is covered under FLSA. The amount of commissions is another factor. Check out the Dept. of Labor website at or thereabouts for more detail. P.S. If you root around in th…
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Assuming that your business is covered by the wage and hour laws, you definitely should include commissions along with base salary in order to determine the "regular rate" used to calculate the overtime rate.
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It appears that the hospitals have better lobbyists than, say, the pork industry. (Attached down below is the beginning of the code section that Hatchetman cites.) Basically it provides a separate set of rules for hospitals, et al. They are permitte…
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I'm with Sandra. The incentive payments should be added in with hourly wages to determine the "regular rate," which is the basis for overtime premium pay. It's great that you're providing incentives to your workforce (and I hope the incentives spur…
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That's right. You're supposed to add up all of those forms of compensation paid during the week and then divide by the number of hours worked during the week. The result is the "regular rate" for the week, which is the basis for the overtime-pay cal…
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An average rate for the two jobs makes the most sense if the employee agrees. If for some reason you can't do that, you'll have to sharpen your pencil. I'll take a crack at it. As I understand the regs, you can do either of two things. (There may b…
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I beg to differ, Pork. True, if the bonus is entirely discretionary and subjective--if employees didn't know until the checks hit their hot little hands whether they would receive a payment--it can be excluded from the overtime adjustments. Otherwis…
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Sorry, Leslie. It's probably even worse than you think. If the employees knew beforehand what they needed to do to earn the bonus (e.g., have no unexcused absences or whatever), then the bonus should also be applied to their wages during the time pe…
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The demands on public companies' boards are increasing because of the new regs and heightened scrutiny they may face from investors and analysts (not to mention reporters if you are a high-profile institution). The directors will have more work--alm…
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Welcome to the Forum, Wabbitears. Check out Leslie's posting on 10/06/03 concerning a similar situation. (Do a search on "bartend" and then click on Leslie's item.) This is an issue where Hatchetman and a few others can cite that chapter and verse…
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DAZI, If you're in a fairly small company and if your industry is not concentrated (meaning that there are lots of different companies in competition with each other), you probably can fly below the radar. However, more and more legal departments f…
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Not so fast, y'all. There may be something to this. I haven't heard of an actual legal case--in Texas or anywhere else--but I have seen the Texas Attorney General's opinion no. JC-0525, dated July 9, 2002, from then-AG John Cornyn to the Honorable W…
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We had a 4% budget for 2002 and went into budget planning for 2003 with the same figure. However, since it looks as though we will be a non-profit organization for 2002 (not by design, you understand), we've been informed that the 2003 budget has be…