• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FLSA

Courts Differ on Half-Day Deduction Rules

08/01/2004

Q. You’ve said that a company can’t deduct a half-day for an exempt employee who has used all her sick and vacation time; it must be in full-day increments. But what if the employee hasn’t used all her banked sick and vacation time? Could an employer require the employee to use that instead? —S.V., North Carolina

Exemption Class Doesn’t Matter for Part-Timer

08/01/2004

Q. Does the new salary threshold of $455 a week (under which employees are automatically eligible for overtime) hold true even if the person works part time, say one or two days a week? We have employees who meet the professional exemption, but they work part time and wouldn’t reach the $455 threshold. —L.S., Pennsylvania

Rethink exemption status of traveling sales rep

07/01/2004

Q. We employ sales and service reps who travel and service stores around the country. They work from their home offices, use their own cars and communicate with us via phone. We classify them as exempt. Is this correct? (Most reps are required to spend at least eight hours at each location. Some drive three hours or longer to get to each store. We encourage overnight stays under these circumstances.) —L.C., Oklahoma

Don’t pay for rest breaks beyond 20 minutes

07/01/2004

Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours? —M.M., Illinois

Choose bonus pay method and stick with it

07/01/2004

Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods, as well? —A.A., Tennessee

New OT rules: countdown to compliance

06/01/2004
The long wait is over. Now it’s time for you to act.
More than a year after proposing changes to the rules that define which employees are eligible for overtime …

Passing the ‘duties test’: new exemption definitions

06/01/2004
Under the new overtime rules, white-collar employees who earn less than $455 per week ($23,660 annually) are automatically eligible for overtime. Those who earn more than $100,000 and perform just one …

Four-Year degree won’t automatically earn exemption

06/01/2004

Q. Regarding the “learned professional” exemption, is it safe to say that a person with a four-year degree would be considered in that category, but a person with an associate’s or two-year degree would not? —Marilyn, Pennsylvania

Make Full-Day Deductions, Not Partial, for Exempt Staff

06/01/2004

Q. If an exempt employee uses all her sick time and vacation time, then takes a half day off for personal reasons, can I deduct for that half day, or does it have to be a whole day? Has that changed under the new law? —Barbara, Louisiana

New exemption definitions aren’t retroactive

06/01/2004

Q. If, according to the revised Labor Department regulations, we’ve been improperly classifying certain employees, would we need to go back and reimburse them? At that time, we thought they were properly classified. —Becky, Texas