Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 04-26-04 AT 12:22PM (CST)[/font][br][br]Current DOL Opinion regarding the salary requirement for exempt status requires that the dollar threshold be met regardless of the number of hours worked. Thus if…
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What you may or may not do in this situation is probably addressed in Nebraska wage and hour and not FLSA. You may have to estimate the hours the emplyee works in assure that the emplyee recieves as best determined pay for the work perofrmed in the…
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Emphasize the overtime. I'm sure if she works for the CEO, they'll be plenty of it. Calling her "salaried non-exmept" is a game. You'll be treating as an hourly, docking pay by the hour (or pay unit fractional)and paying FLSA overtime. The only t…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-23-04 AT 01:34PM (CST)[/font][br][br]We also pay the last business day prior to the weekend or a holiday if the semi-monthly pay days (15th and 30th) do fall on a weekend or holiday. You do need to c…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-21-04 AT 03:47PM (CST)[/font][br][br]Remember, your state's wage and hour and regulations law may still impact what you may do even if these FLSA regulatory changes that will be effective in 4 months.…
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Ganda, the prohibition against charging accrued paid PTO, vacation or other unspecified time bank (one not designated for a particular reason) for partial days' absences is applicablee in California, particularly, and a couple of other states but …
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[font size="1" color="#FF0000"]LAST EDITED ON 04-20-04 AT 11:42AM (CST)[/font][br][br]DOL has issued formal Opinion letters over the years that do permit an emplyer to charge the hours missed in a salaried, exempt's partial day's absence against his…
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Best thing to do, in deciding what to do, is to talk to the employee and then to the docotr's office (if needed) for clarification/verfication of what the employee said if you are inclined to believe the employee's explanation (which I assume will b…
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If these employees are salaried, exempt, under DOL intepretation of FLSA, you may charge the employee's accrued time balance for the pay out of salary for the partial day's absence (i.e., you still pay the full day's salary, but "recoup" the pay out…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-08-04 AT 12:21PM (CST)[/font][br][br]Under the method Don described, an employer has to pay the minimal salary for that week regardless of the number of hours worked (DOL has indicated as I recalled t…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-05-04 AT 12:20PM (CST)[/font][br][br] We initiated 9/80 in the early 90's as an option for both exempt and non-exmept emplyees in addition to 5/40 and 4/40 schedules. Line emplyees and staff emplyee…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-02-04 AT 03:36PM (CST)[/font][br][br]If you are paying them a fixed salary for the week whether it is 37.5 hours or 40 hours, then take a look at the FLSA regulations in the Code of Federal Regulation…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-30-04 AT 03:03PM (CST)[/font][br][br]While I am not particularly familiar with Illinois state wage and hour law, if any, FLSA itself allows the employer to dock the full day's salary for any salaried …
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There is nothing in federal law that puts a limit on the number of hours a salaried exempt can work in a work week. The salary should be based on the expectation of the hours to be worked. Under federal FLSA and DOL interpretation, an employer may…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-22-04 AT 01:16PM (CST)[/font][br][br]You don't give the rationale for the change. Since you link it to an update of the job description I assume that the rationale was a change in duties that elimina…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-15-04 AT 02:04PM (CST)[/font][br][br]An employer may deem any properly qualified exempt job as non-exmept and pay hourly with time and a half. FLSA requires most exempt positions to be salaired and o…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-12-04 AT 02:43PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 03-12-04 AT 02:38 PM (CST)[/font] It's not in California alone. FLSA itself provides that doctors, lawyers and lic…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-05-04 AT 08:03PM (CST)[/font][br][br]Well, I'm not familiar with Alaska wage and hour law, but under federal FLSA, there is nothing the new interim ED is doing that apprently violates the FLSA proviso…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-24-04 AT 06:56PM (CST)[/font][br][br]While what the others are proposing can work, ifyour supervisor and managerial ranks are considered fair or aren't respected by the line employees and lower ranks,…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-29-04 AT 07:43PM (CST)[/font][br][br] Thanks for the additional information. I"m still not sure if they qualify for exemption from FLSA overtime (that's time and a half for over 40 hours in a work we…
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I agree with Don, it's important to know their duties. Not all exempt positions need to be paid on a salaried position. Remember, for example, lawyers and doctors may be exempt but paid hourly. Also, when you say they are now salaried, are they s…
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Under FLSA, the a position is to be non-exmept, unless the employer can justify the exmeption and wants to have the position exempt. Consequently, even if the position could be exempted, the3re is nothing "illegal" about the employer deeming the po…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-04-04 AT 04:43PM (CST)[/font][br][br]All work days are "mandatory" -- if an employee wants to have a job and get paid, they better show up. Whether or not you may fire someone for missing one or more…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-03-04 AT 04:57PM (CST)[/font][br][br]Assuming the determination that they should be exempt is accurate, remember there is no requirement that you make them exempt. The difficulty of what you will fac…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-27-04 AT 04:07PM (CST)[/font][br][br]Yes, we treat our superivsors, including those that are could be exempt as "professional," as non-exempts as most of them are represented by unions (it was a manag…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-22-04 AT 06:34PM (CST)[/font][br][br]I agree with Ray on the first issue. DOL expressly acknowledges there are many legitimate reasons for record the actual work hours of exempt. The issue for them i…
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Nothing in FLSA, or the other laws you mention without more specific information, prevents what you are doing. I assume that since Nevada is an at-will state x:D, there is no problem under state law.
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Unless your policy or a contract requires that POO be calculated in the determination of oovertime, you don't pay overtime on that basis. I am confused though about the employee who work the all of the 40-hour week and then put in for 2.5 hour PT…
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From the way you worded your post about what your ocmpany policy says, it sounds as if your company pays the holiday even if it occurs on the weekend. If all employees work the exact same days, e.g., Monday through Friday, then you could have a pol…
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If you are docking full day's pay from an exempt's weekly salary, you pro-rate the dock based upon the number of days the exempt employee regularly works in the week. Thus if he works 5 days a week, for example, and is absent one of those days, you…