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The administrative exemption from overtime can be one of the most difficult of the various overtime exemptions to apply, and it causes employers the most headaches. Now, in one of the few published judicial decisions to address this subject, a California appeals court has provided guidance on who qualifies as an exempt administrator. Customer Service […]
Evelyn Coke, a domestic worker who provided companionship services in New York, sued her employer, Long Island Care at Home, Ltd. She alleged that the company didn’t pay her overtime wages, in violation of the federal Fair Labor Standards Act (FLSA). The employer asked the court to dismiss the suit because Coke and workers like […]
Here’s a quick checklist to help you determine if an employee qualifies under the administrative exemption to the overtime laws. Your administrative employee is probably exempt in California only if you answer yes to all of the following: Does the employee perform office or nonmanual work directly related to management policies or to the general […]
We are going to hire a number of computer workers. I’m writing job descriptions and have to establish whether these workers will be exempt or nonexempt. Can you help me with the “computer professional exemption”? — Roberto, HR Manager in Walnut Creek Paying Overtime: 10 Key Exemption Concepts Only one thing really matters in the […]
A new decision from a California Court of Appeals underscores how erroneously classifying workers as independent contractors rather than employees can have serious tax consequences. The case involved a group of courier companies—collectively called Sonic—that classified delivery drivers as independent contractors and reported their pay on 1099 forms. The California Employment Development Department, however, decided […]
The U.S. Department of Labor’s Wage and Hour Division has unveiled a free, new Web-based tool to help employers and employees calculate overtime pay under the federal Fair Labor Standards Act (FLSA). The tool provides examples of how FLSA overtime should be completed under some scenarios. The Overtime Calculator advisor computes overtime pay due in […]