Ask the Expert: Can Exempt Employees ‘Clock’ In and Out?
My understanding has always been that only non-exempt employees can clock in and out. Would it be a violation of wage and hour law if a salary exempt employee also clocks in and out?
Tag: FLSA
Bonus Compensation: A Matter of Discretion
By Angelo D. Catalano, Coughlin & Gerhart, LLP Incentive or bonus-based compensation can create many thorny issues. While some year-end bonuses resemble gifts from the boss, especially if they’re paid around holiday time, other bonuses are intended to be incentives tied to performance by a group or an individual.
Ask the Expert: What Are the Rules for Work Travel?
I have a company that does lighting designs for events that require employees to travel from their homes to various locations. Sometimes travel is required out of state. Typically the travel time is one to two hours. Sometimes employees meet at the warehouse and ride in the company van. Do we pay for the time […]
10 Ways Employers Should Prepare for Final Overtime Regs
By Susan Prince, JD The Department of Labor’s (DOL) final overtime regulations are due out anytime within the next few months. Here are 10 steps employers should take now to prepare for the release of the final regulations.
FLSA: Brand Advocates Are Not Exempt Employees
By Steve Jones, Jack Nelson Jones & Bryant, P.A The 8th Circuit recently held that an electronics manufacturer’s “brand advocates” were incorrectly classified as “exempt” employees under the Fair Labor Standards Act (FLSA). As a result, the employees will get a chance to convince a jury that they’re entitled to overtime under the FLSA.
Ask the Expert: Is our Graphic Designer Exempt or Non-exempt?
We have a graphic designer who currently we designate as non-exempt. I realize they can be an exempt position but we are trying to determine if the position is really exempt. His supervisor says that the employee comes up with ideas for advertising and develops them. My concern is that he does more routine, manual […]
Training Time—To Pay or Not to Pay?
When it comes to training time, usually compensation isn’t called into question. But what if a prospective employee’s offer of employment is contingent on whether he or she passes certain training classes? Can these preliminary training classes be unpaid? In a situation like this one, employers may be reluctant to shell out compensation for time […]
FLSA: Illinois Window-Cleaning Company Sparkles in Overtime Exemption Ruling
By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP Are workers who wash the windows of Chicago’s high-rises paid by commission? Is their employer a retail or service establishment? A recent decision from the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—answered those questions in ways that might […]
How Do We Handle Missing Time Cards?
We are a staffing company with employees in almost every state. Employees are non-exempt and submit hours worked via timecard. But what happens when we don’t receive one from the employee? Are we required to pay the employee even if we do not have a time card?
Ask the Expert: How Does FLSA Apply to International Travel and Work?
We have some non-exempt employees traveling to Poland. How do we calculate international travel in line with FLSA rules?