Misclassifying employees: The exempt and nonexempt classification is not based on the job title but on the job duties and, to some extent, salary levels.13 Conflating salaried and hourly wage employees:Some employers say that staffers who receive a fixed weekly or monthly salary are automatically...
This rate applies to salaried and hourly, as well as temporary workers, and some others. Failure to comply with these laws can result in monetary penalties and imprisonment depending on the gravity and willfulness of the violation. For this reason, employers should ensure that they understand ...
Overtime calculations demand precise attention to detail. The base requirement mandates payment at 1.5 times the regular hourly rate for hours worked beyond 40 in a workweek. Primarily, for salaried employees misclassified as exempt, the process involves determining an hourly equivalent of their salary...
In May 2020, the Department of Labor has issued a new rule loosening the restrictions on employers’ use of the fluctuating workweek method (a/k/a “Chinese Overtime”) to calculate overtime pay for non-exempt salaried employees. Because this method results in employees getting less overtime ...
extensive experience with the "employment relationship" issues, employee vs independent contractor status, and salaried exempt status determinations. We conduct more pre-submission reviews of FLSA Section 14c Special Minimum Commensurate Wage Certificate renewal applications than all other consultants combined....