It is a good practice for employers to document how they classify their employees under the Fair Labor Standards Act (FLSA). In the event of a lawsuit alleging a misclassification, the burden of proof is on the employer to demonstrate that an employee qualifies for exemption....
FLSA Exemption May Be Lost Where Employee Performs Both Exempt and Non-Exempt Work.This article reports information related to a case involving the defendant Mortimer Zuckerman, who served as chairman of Boston Properties Inc. The plaintiff alleged that Zuckerman's executive assistant, Wayne Osborne,...
Although the specific criteria differ by exemption, all exemptions are based on two broad factors: the manner and amount of pay the employee receives (“salary test”) and the employee’s job duties (“duties test”). An employee must surpass the minimum thresholds for both tests to be ...
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Thus, if a private employee works more than 40 hours one week, you cannot avoid paying them for that applicable workweek by having them work less the next week — but you may be allowed to do so if you are a public entity. Break Time Federal law does not require breaks, but many ...
FLSA duty tests (or exemption test) can be administered by HR personnel. See the FLSA duties test. What is the salary basis test? The salary basis test is one of three standards that must be met for an employee to be considered exempt. The salary basis test says an employee will make ...
The "continuous workday" rule,which was enacted by the Department of Labor Regulations, states that all of the time between an employee's first and last "principal activity" would be considered compensable working time. Therefore, engaging in these activities can be regarded as employees extending...
The final requirement for the executive exemption is that the employee have genuine input into personnel matters. This does not require that the employee be the final decision maker on such matters, but rather that the employee's input is given "particular weight." Usually, it will mean that ...
A. If an employee is covered by the FLSA, and most are, an employer cannot disregard an employee’s overtime hours even if the employee agreed to work for a fixed amount of pay, regardless of the number of hours actually worked. While the method of calculating the overtime due to the...
The article discusses a court case involving Ronni Viola, community event coordinator for WellCare Health Plans Inc., which addresses issues about the administrative exemption of the Fair Labor Standards Act in the U.S.EBSCO_bspHr Specialist