Job Duties That Can Be Classified as Exempt

By | November 7th, 2015|FLSA, Labor|

Recent lawsuits have demonstrated that some employers aren’t clear on whether or not an employee can be classified as “exempt” according to the Fair Labor Standards Act. But misclassifying an employee can have disastrous financial repercussions in the form of owed back wages, so it is important to understand the difference.

The three requirements for an exempt employee are as follows:

Salary Level Test

Employees who are paid more than $23,600 per year ($455 per week) pass this test.

Salary Basis Test

An employee is paid on a salary basis if s/he has a guaranteed minimum* amount of money […]

Defining Exempt vs Non-Exempt Workers

By | November 3rd, 2015|Labor|

What is the difference between exempt and non-exempt workers?
Exempt employees are not governed under the Fair Labor Standards Act (FLSA), and therefore are not subject to the overtime requirements of the FLSA. Exempt employees are salaried.
All non-exempt employees must receive overtime pay for hours worked over 40 in a week. Non-exempt employees are usually paid hourly. They can be salaried, but are still eligible for overtime pay if they work more than 40 hours.
If an employee is misclassified as exempt, their employer may be responsible for back wages, including overtime.

What is overtime?
An employer must pay overtime when hours worked exceed […]

How is Overtime Calculated For an Employee With Multiple Wages?

By | November 2nd, 2015|Labor, Snow Removal|

In some jobs, employees are paid two different wages based on what type of work they are doing. For example, an employee for a snow removal company might make $20 an hour when performing snow removal activities. While performing any other duties, this employee is paid $10 an hour. If they work 50 hours in one week, at which wage is their overtime calculated?

The fair and legal wage to pay overtime in a case like the one described above is to find the weighted average wage for that week and pay the employee time and a half on that wage.

How […]