All posts tagged 'exempt employees'
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Posted @ 3/11/2010 6:00 PM By MBAHRO
You make the call: Is this gas station employee non exempt, vs exempt?
Two decisions from different federal appellate courts illustrate the potential uncertainty in classifying an employee as an exempt employee. You make the call: Is this gas station employee non exempt, vs exempt?
In Thomas v. Speedway SuperAmerica, LLC1, the court pondered whether the store manager of a chain of gas station-convenience stores was properly classified as an exempt employee.
The key issue in the case was whether the employee's primary duty was management.
She spent approximately 60 percent of her time on non-managerial tasks such as stocking merchandise, sweeping floors, cleaning bathrooms, operating the register and clerical duties.
However, she also hired, trained, disciplined, scheduled and evaluated employees.
She recommended increases, most of which were approved, and terminated some employees without prior approval from her district manager.
Is this gas station employee exempt?
Based on these f ...
Posted @ 3/1/2010 6:11 PM By MBAHRO
WARN act can ruin your layoff plan, are you at risk?
Here at Modern Business Associates, we frequently deal with federal labor and employment laws and how they affect our clients. Laws relating to layoffs have been a hot topic lately. The Worker Adjustment and Retraining Notification Act (WARN act) is one such hot legal issue.
The WARN act sets forth specific notification requirements for covered employers undergoing certain layoffs. (States including California, Illinois, Maine, and New Jersey have enacted similar legislation expanding an employer's notification obligations.)
In part, the WARN act requires employers with 100 or more employees to provide workers with 60 days written notice of:
Under the WARN act, a "plant closing" is a permanent or temporary shutdown of a single site of employment resulting in an employment loss of 50 or more employees during a 30-day period.
Under the WARN act, a "mass layoff" is either a reduction in workforce ...
Posted @ 2/17/2010 12:00 PM By MBAHRO
Did you know salaried employees may not have an exempt status according to the Fair Labor and Standards Act (FLSA)?
An employer, deciding about the exempt/non exempt status of an employee, who takes prohibited deductions, puts employees' exempt status at risk--meaning those employees potentially could be entitled to minimum wage and overtime for all hours they worked, going back at least two years
Who can get an exempt status anyway? Three criteria must be met before an employee can be classified as exempt according to the labor standards act.
1. The employee must make at least a certain minimum-salary level.
· The employee must earn a salary of at least $455 per week ($23,600 annually). If an employee does not earn at least this amount, the employee is not exempt and is entitled to minimum wage and overtime. Certain highly-compensated employees who earn at least $100,000 annually may also qualify as non-exem ...
Posted @ 1/5/2010 11:27 AM By MBAHRO
Avoid audits. Exempt Employee laws and deductions. Modern Business Associates deals with these kinds of issues on a frequent basis. As a Human Resource Outsource Organization, our clients rely on us to help them effectively deal with these kinds of labor topics including appropriate deductions, Sick Leave Policies, and compliance issues like FMLA.