Tag: exempt

2013 H-1B Petitions to Be Accepted Beginning April 2

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B visa petitions for fiscal year 2013 on Monday, April 2. Petitions for the visas, which allow nonimmigrant specialists to temporarily work in the United States, will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct fee. […]

Wage Deductions for Sickness Could Make You Ill

by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Sixth Circuit Addresses Salary Basis Test under FLSA

Wage and hour claims remain a hot topic in employment litigation. The Sixth U.S. Circuit Court of Appeals recently addressed a case involving pay deductions. While the court rejected some of the employees’ arguments, it ultimately agreed with the district court that the employer violated the Fair Labor Standards Act (FLSA) by making certain deductions […]

Recent Opinion Letters from the DOL’s Wage and Hour Division

Alexander Passantino’s advice to the lovelorn may not be the makings of the next Sex and the City show, but his pen holds serious sway with hipsters of the payroll specialist in crowd. Alex is the acting administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). As the grand oracle of […]

Furloughs and Reduced-Hour Schedules As Alternatives to Layoffs

Layoffs have many downsides. Employee morale is guaranteed to drop. A company’s unemployment insurance premiums will rise, perhaps steeply. And if an employer provides severance packages and/or outplacement services, they could get very expensive. If layoffs are significant in number, a business may not be able to adequately compete once the economy turns around. And […]

DOL Issues Opinion Letter on Wage and Hour Issues for Mandatory Unpaid Time Off

In today’s economic climate, companies are continually looking for ways to cut costs without cutting jobs and resorting to layoffs. One option many companies are considering is mandatory unpaid time off, sometimes referred to as an employee furlough. By requiring mandatory unpaid time off, companies can reduce payroll expenses by reducing the number of hours […]

Beware Misclassifying Workers as Exempt Administrative Employees

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

Legal Issues When Reducing Employees’ Hours, Wages

by Kara Shea We’ve received many questions lately from employers facing tremendous pressure to reduce their operating expenses. Some proposed cost-cutting efforts implicate various employment laws. Since things may get worse before they get better, I’m undertaking a series of articles to address some of the issues you may encounter in the months ahead. I’ll […]