Orlaw

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Orlaw
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  • A couple questions? Are classifying inside sales employees as exempt? If so, under which exemption are you categorizing them?
  • FMLA: As mentioned above, she likely does not meet the 1,250 hours requirement, and, unless she has gone way, way over on the pregnancy, she certainly doesn't meet the 12 months requirement. Assuming TN does not have a state leave law with differe…
  • Anne has it exactly right under the FLSA. For reference, here's a link to DOL's blurb about initial and terminal week deductions not adversely affecting exempt status: [url]www.dol.gov/esa/regs/compliance/whd/fairpay/fs17g_salary.htm[/url] You migh…
  • If the time is deemed to be compensable "work" (whether because it is flat out "work" that the ER is directing the EE to perform, or because it is simply "engaged to be waiting" time that the EE cannot effectively use for his/her own purposes), you …
  • You might be jumping the gun a bit: Requiring an employee to stay within the county may not be the sort of restriction that would sufficiently impead his ability to use the time for his own purpose. But this only matters if the employee is not act…
  • First off, make sure there are no contractual exceptions to the 6-weeks' pay requirement. If there are none, keep that fact in mind next time you have someone prepare a contract. If there are no exceptions, the contract would likely be binding reg…
  • Hypothetical: Your potentially pot-smoking employee in a safety-sensitive position injures someone while working, let's say a visitor to the facility. That visitor then sues the company for the injuries. You knew about that your employee was smoki…