Shadowfax
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Review 541.5. My understanding is that there is no min sal required if you meet the prerequisites of 541.5.
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The 8/80 are at 207(j) and is limited to health care fields - but still requires o/t over 8 in a day, plus must have an agreement with the ees that you are doing it. No app the construction.
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There is no problem paying an otherwise exempt qualified job as an hourly position. If, however, there are othjers performing this job who will remain exempt and paid accordingly, then you might want to consider the effect on all of the positions. I…
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I think comp time for an exempt would be 'other' or non FLSA comp time and not subject to the 1 and 1/2 provisions, and not subject to any cap (240 or 480) Check out 29 CFR 553.28 and see if that doesn't answer your problem. Since the ee is exempt, …
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You might want to acheck Randy's post on 'salaried non-exempt' of a few days ago. Pretty good discussion. Yes, you can go to salried non exmpt, but I would be careful of using the 1/2 pay o/t provisions. I worry that that method is only for 'variabl…
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Two year look back unless the violation was determined to be 'willful' then 3 years. You have hit exactly on the head the reason I have said on this forum many times, it is absolutely essential for the co to keep some sort of time records on exempt …
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I don't know that there is much more to discuss here, but the problem, as I see it is (per your post #7)wanting some sort of agreement with the ee. Their agreement means nothing to you, there is no advantage to the co having the ee agree that his p…
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Your lawyers are right about this one - it is a bad idea. In faact, there is no good reason for you to do what you suggest. E/ees can't waive their rights under the FLSA, so thier agreement means nothing. In addition, if you decide to change things…
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You will have to follow whichever guidelines are most favorable to the ee.
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Isn't this a great country? EE gives his labor and toil to ER in exchange for the ER's right to give the EE's wage to a third party, who, in its own best interests wants to keep all, or at least as much of EE's wage as it can for itself. When did we…
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What you have is a non exempt paid at a job rate (commission per job). When they work o/t it becomes necessary to compute their 'regular' rate. That is arrived at by adding all earinings received at job rate during the workweek and dividing by the t…
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No.
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Sounds to me like a craftsperson. Craftspersons are non-exempt.
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Good morning Sharon in Alabama! And welcome. Smace iss correct about the exempt/non classisfication relating to the duties not the person or the hours. But, just because the duties may permit an exempt classification, there is no mandate to make it …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-05-04 AT 07:12AM (CST)[/font][br][br]A perfect example why every ee - including exempts - must be time tracked. If you havn't, and these guys win one of these cases (yep, there will be a lot of them) …
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If I read PORK1's message correctly - I disagree in part. Not only can you track time on exempts, you absolutely should. You just can't pay them based on the hours worked, if you do then you destroy the exemption. I've said it before and I stand by …
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Sure, you can pay an otherwise exempt position an hourly wage plus o/t.
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I think you are correct: this is a non-exempt position. As a non-exempt position, you will pay o/t when this person s time goes over 40 hours. Yes, you may keep track of thime for exempts, and I have been burned enough times to know that some method…
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I think what you have is a 'rebuttable presumption' of liability. If one of your employees runs over a line of preschoolers headed to the park while he is on the time clock, then there is 'evidence' ee is on co. business. The co can rebut that evide…
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Of course! And, even if your state didn't require it the Fed rules do. If not O/T exempt, part time, casual, temporary whatever, if they work over 40 they et o/T.
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Just because someone passes an exemption test doesn't mean you must make them exempt. If they're part time, then I assume they aare paid hourly, and it make no difference.
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Just a follwup to the accountant issue. Check out 541.301 (f) : ...Exemption of accountants, as in the case of occupational groups must be determinedon the basis of the individual employee's duties...CPA, except in unusual cases meet the requirement…
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Don't worry about the job descriptions, there is no mandate you have them. But I would prefer to have no descriptions than to have descriptons that are completely out of whack. The really urgent thing to do is to be sure you are paying the ees corre…
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I disagree Sue. There are lots of cases where degreed accountants and not qualified exempt if their duties are routine, clerical, and require no significant aplication of discretion. You can forget your job descriptions Half, and analyze based on 'a…
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I don't know about Ca, or Il for that matter, but mwild's post suggests what I have always believed to be the difference in paying out unused vacation or not - and that is the language of the satute saying "...earned vacation..." Hr's post mentions …
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You're good with the regs...and I'd say you have complied with your policy as well.
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You are free to correct the error. Do an accounting showing the amount of overpayment, and meet with the ee to put a pay back in place. If no agreement, and you are absolutely certain of your position, you can deduct the overpayment w/o ee written a…
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OK JJ - we expect you to jump in regularly with your expertise as a 'former' W and H investigator. Welcome to the good guys side. Be honest now, did you guys actually use the Field Book? I fought with the DOL for 4 years trying to get one. Finally s…
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Were they exempt before by some special provision? I don't really know what these people do, except in the most general sense, but from what I know they would not seem to be professional exempt, they are clearly not executive, and I have trouble fit…