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Illinois Exempt Employee Status Update

Monday, March 28th, 2011
Posted by Tamara
In recent litigation between the U.S. Department of Labor and Novartis Pharmaceutical Corp., DOL’s increase in strictness regarding interpreting federal regulations came to light. The specific regulations involved were the federal guidelines governing salaried exempt employees. Of particular interest were the occupations of outside salespeople and exempt administrators.

... continue reading

Nebraska Exempt Employees

Monday, March 21st, 2011
Posted by Tamara
The U.S. Department of Labor handles about 10% of the wage and hour enforcement in this country. That may not seem to have much of an impact, but many states utilize the federal regulations as the blueprint for their own guidelines regarding exempt salaried employees.

That is ... continue reading

New York Exempt Employee Update

Monday, March 14th, 2011
Posted by Tamara
In recent litigation with Novartis Pharmaceutical Corp. the U.S. Department of Labor issued an opinion that pharmaceutical reps do not qualify as outside salespeople under FLSA (Fair Labor Standards Act).

According to the DOL, pharmaceutical reps cannot legally sell their merchandise nor can they take orders for ... continue reading

Pennsylvania Exempt Employee Status

Monday, March 7th, 2011
Posted by Tamara
There are several occupations in the United States that are classified as salaried exempt, meaning they are not entitled to overtime pay. Recently, the guidelines for two of these occupations, outside salespeople and exempt administrators, have come under scrutiny by the U.S. Department of Labor or DOL.

... continue reading

Florida Exempt Employee Update

Wednesday, March 2nd, 2011
Posted by Tamara
Florida employers may need to take a closer look at the duties of an exempt administrator to ensure the employee meets the guidelines for exempt status. Employees in Florida should be aware, too, of exact definition and duties of a salaried position that is classified as exempt.

... continue reading

New Illinois Credit Check Law

Tuesday, December 14th, 2010
Posted by Tamara
A new law limits the use of credit checks in hiring in Illinois. The Employee Privacy Act which goes into effect on January 1, 2011 prohibits many employers from using credit checks in making employment decisions such as hiring.

However, the new law contains a number of ... continue reading

Arkansas Exempt Employee Workweek

Monday, September 27th, 2010
Posted by Tamara
Many Arkansas employee wonder if there is a standard workweek for exempt salaried employees in Arkansas. Are employees entitled to future paid time off when they work beyond the standard 40 hours in one week?

  The answer to both questions is no. Federal law doesn’t set ... continue reading

Connecticut Exempt Employee Workweek

Monday, September 20th, 2010
Posted by Tamara
Salaried exempt employees in Connecticut have questions about the standard workweek, overtime and salary.

First, there is no “standard” workweek for exempt employees. Connecticut laws do not address this issue, nor do federal laws. Each individual company can legally set its own standard workweek, which can be ... continue reading

Colorado Comp Time

Friday, September 17th, 2010
Posted by Tamara
Jane recently worked 10 hours of overtime and asked her employer for comp time to extend her vacation instead of paying overtime. The employer said comp time was illegal. Is Jane’s employer right?

If the Colorado employer is a private business, and Jane is an hourly employee, ... continue reading

Nevada Hostile Work Environment

Tuesday, September 14th, 2010
Posted by Tamara
Several Nevada employees have wondered exactly what constitutes a hostile work environment.

This term can be confusing, especially because it is often misused on TV and in other media. Just because a coworker or employer is ill mannered, it does not automatically mean the employee is being ... continue reading

Florida Exempt Employee Workweek

Monday, September 13th, 2010
Posted by Tamara
According to the Fair Labor Standards Act (FLSA), an exempt salaried employee is not entitled to overtime–as wages or as time off.

Many Florida exempt employees find this confusing. They assume that if they work more than 40 hours in one week, they have “credit” for time ... continue reading

Idaho Exempt Employee Workweek

Monday, September 6th, 2010
Posted by Tamara
A salaried employee in Idaho recently worked 60 hours in one week. Her boss says she is not entitled to extra pay or extra paid time off. Is this legal?

It is legal–for exempt salaried employees. The federal FLSA (Fair Labor Standards Act) states that exempt salaried ... continue reading

Arizona Exempt Employee Workweek

Thursday, September 2nd, 2010
Posted by Tamara
Many employees wonder: Is there a standard workweek for exempt salaried employees in Arizona?

The answer is “No. There is no state law in Arizona setting a standard workweek for exempt employees, nor is there a federal law.”

The standard workweek for exempt employees is ... continue reading

Maine Exempt Employee Comp Time

Wednesday, May 26th, 2010
Posted by Tamara
According to the FLSA (Fair Labor Standards Act), salaried employees can be classified as exempt (ineligible for overtime pay) or non-exempt (entitled to overtime pay). This classification depends on the employee’s primary duties. FLSA categorizes salaried exempt employees into five groups: Computer Pros, Administrators, Professionals, Executives and Outside Salespeople. ... continue reading

South Carolina Exempt Employees Workweek

Friday, May 21st, 2010
Posted by Tamara
South Carolina’s exempt salaried employees have few legal protections when it comes to the number of hours per week they must work.

The “exempt salaried employee” is one who receives a flat weekly (or bi-weekly) paycheck and is not protected by the federal overtime laws.

... continue reading

Louisiana Comp Time

Thursday, May 20th, 2010
Posted by Tamara
Compensatory time off, otherwise known as “comp time,” is a subject of confusion among many Louisiana workers. People are often confused about just what constitutes “comp time” and who can receive it.

It should be noted that “comp time” is only legal under certain circumstances.

... continue reading

Connecticut Exempt Employee Workweek

Friday, May 14th, 2010
Posted by Tamara
Connecticut’s salaried exempt employees often believe that the 40 hour week is a “standard” that applies to them as well as hourly wage-earners. As a result, they assume that when they work more than 40 hours in a week they can put the extra hours in their “time bank,” ... continue reading

Federal Comp Time

Thursday, May 13th, 2010
Posted by Tamara
Employers nationwide are advised to be careful when dealing with “comp time,” or compensatory time off in place of overtime pay under federal law.

Under many conditions it is illegal. The federal Fair Labor Standards Act or FLSA prohibits private businesses from giving workers comp time instead ... continue reading

Maryland Exempt Employee Workweek

Friday, May 7th, 2010
Posted by Tamara
In Maryland and other states there is no standard 40-hour workweek for exempt employees.

The typical “salaried exempt” employee has no such guarantee as a standard week. Neither federal nor state law requires it.

The term “salaried exempt” refers to workers who receive a flat ... continue reading

Arkansas Comp Time

Thursday, May 6th, 2010
Posted by Tamara
Private employers in Arkansas cannot grant comp time to hourly employees instead of paying overtime. It is prohibited by the federal Fair Labor Standards Act or FLSA.

Comp time is the popular term for compensatory time off granted in a “future payroll week” in lieu of overtime ... continue reading

Mississippi Exempt Employee Workweek

Friday, April 30th, 2010
Posted by Tamara
The usual image of the Mississippi exempt employee is someone who can come and go as he or she pleases as long as the work gets done. The exempt employee, according to common wisdom, may also take work only 20 hours in Week B if he or she worked ... continue reading

Georgia Comp Time

Thursday, April 29th, 2010
Posted by Tamara
Unless Georgia employers and employees understand the laws governing “comp time,” it is possible that a firm may find itself breaking the law.

The federal Fair Labor Standards Act or FLSA prohibits private businesses in Georgia from granting comp time rather than overtime.

Comp time ... continue reading

New Jersey Exempt Employee Workweek

Friday, April 23rd, 2010
Posted by Tamara
Exempt employees in New Jersey often believe that the 40 hour workweek is the standard or the norm, and that if they work more than that they have the right to work fewer hours in another week.

This is a misconception, however. An employer may establish any ... continue reading

Idaho Comp Time

Thursday, April 22nd, 2010
Posted by Tamara
The laws regarding compensatory time off, otherwise known as “comp time,” are a knot of complexities that often results in many questions from Idaho employees.

There are issues of just when comp time is legal, who may receive it, and what its actual definition is.

... continue reading

Indiana Exempt Employee Comp Time

Monday, February 1st, 2010
Posted by Tamara
Many Indiana exempt employees wonder if they are automatically entitled to comp time when they work more than 40 hours in the payroll week. The answer is “no.”

Under both federal and Indiana law, an exempt employee can be required to work more than 40 hours per ... continue reading

Minnesota Exempt Employee Workweek

Tuesday, January 19th, 2010
Posted by Tamara
Many exempt salaried employees in Minnesota have questions about the workweek. What is the standard workweek for a salaried employee?

There is no standard workweek for Minnesota exempt employees under either state or federal law. This matter is determined entirely by company policy. Every employer is permitted ... continue reading

Salaried Exempt in Mississippi

Thursday, October 29th, 2009
Posted by Tamara
The Fair Labor Standards Act (FLSA), a federal law, mandates that employees who work more than 40 hours on one work week are entitled to overtime pay. The rate for overtime is 1.5 times the employee’s usual hourly rate. There are occupations that are exempt from overtime, including salaried ... continue reading

Salaried Exempt in Wyoming

Friday, October 23rd, 2009
Posted by Tamara
Do Wyoming employers have to pay overtime to their salaried employees?

It depends. The Fair Labor Standards Act (FLSA) mandates that employees who work more than 40 hours in one work week receive overtime pay. The rate of pay is 1.5 times the employee’s average hourly rate. ... continue reading

Salaried Exempt in Missouri

Friday, October 16th, 2009
Posted by Tamara
Most Missouri employers consider salaried employees ineligible for overtime, but that isn’t always the case. Depending on the occupation, salaried employees can qualify for overtime pay.

According to the Fair Labor Standards Act (FLSA) employees are entitled to 1.5 times their usual hourly rate when they work ... continue reading

Salaried Exempt in Texas

Friday, October 9th, 2009
Posted by Tamara
Many Texas employers have asked if salaried employees are eligible for overtime.

The answer to this question is yes and no. Eligibility for overtime is determined by the FLSA (Fair Labor Standards Act). This federal law mandates that employees who work more than 40 hours in one ... continue reading