Tag: Paying Overtime
Rest Breaks: How Do We Handle Complaints About Smokers’ Breaks?
We’re a small company and we’ve been fairly lenient with rest breaks. We assumed that employees would take a 10-minute rest break in the morning and again in the afternoon, but we haven’t policed exactly how long people take their breaks. We’ve also just let smokers step outside for cigarette breaks without tracking how often […]
Exempt Employees: Who Qualifies as a Manager? New Case Examines When Management Is the Primary Duty
Overtime: What Do We Do with Employees Who Work Extra Minutes?
We have several employees who punch in early or late, anywhere from 15 to 30 minutes at either end. They say they are “getting their workstations ready” or “finishing up.” Their supervisors have informed me that the overtime is not authorized and should not be paid. But I think I have to pay it if […]
Travel Pay: What Time Is Paid Work Time When Nonexempt Employees Travel?
We’re having a devil of a time figuring out precisely how to pay our nonexempt employees when they travel. If they travel by air and stay overnight, do we start paying as soon as they leave their house for the airport? Then let’s say the plane lands at 7 p.m., they go to the hotel, […]
Employee Exemptions: Appeals Court Limits the Administrative Exemption
The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]
Employment Law Tip: Exempt Employees and Holiday Shutdowns
During the holiday season, many employers shut down their operations for a few days over Thanksgiving, Christmas, or New Year’s. If you’re thinking of closing up shop for the remaining holidays this year, first make sure you’re up on special pay rules for employees who qualify as exempt from overtime. Paying Overtime: 10 Key Exemption […]
Claims Adjusters Don’t Qualify for Overtime Exemption
Liberty Mutual’s claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming they were misclassified as exempt administrative employees. A California appeals court has now ruled in the employees’ favor, finding that they didn’t qualify for the administrative overtime […]
Exemptions: How Do I Know If the Executive Exemption Applies?
Can you shed some light on how to determine if my employees fall within the executive exemption? I don’t want to get hit later with unpaid overtime claims. Thanks! — J.S., Sacramento
Employment Lawsuits: State High Court Deals Employers a Blow Regarding Arbitration of Overtime Claims; Practical Impact
Although employers have received some welcome rulings from the California Supreme Court over the past few months, a new high court decision squelches a tool some employers had used to prevent class action lawsuits in the wage and hour context. We’ll explain the court’s reasoning and what it means for you.