Tag: salary basis

Ask the Expert: Can Time Increments Play a Role in Company PTO Policies?

Question: What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt employees can take PTO one hour at a time, but could we require a similar two-hour increment for […]

Case Study: Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

The U.S. Supreme Court recently ruled that a daily-rate worker who earned over $200,000 annually wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate didn’t satisfy the “salary basis test,” which is required for an employee to […]

Top 5 Wage and Hour Risks for California Employers

The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.

Ask the Expert: New Overtime Regs and Salaried, Nonexempt Employees

We currently have multiple salaried, nonexempt employees in our office. They are never required to work overtime, however, I want to ensure that we are following the correct protocol and are protected given the recent changes to the FLSA. Should these employees be entering/submitting hours each week even though they are paid on a salaried […]

California HR Trends for 2017—Don’t Get Burned!

It’s practically impossible to try and cover everything that will change in California for both 2016 and 2017. So many midyear and other upcoming changes make it a difficult year. Why? Because it’s California, of course! Jonathan A. Siegel, partner at Jackson Lewis P.C., feels the pain of HR pros.

Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption

I have two questions regarding the salary threshold for exemption.  1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption? 2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does […]

Administration Proposes Overtime Expansion, Solicits Employer Buy-in

President Obama announced a proposed rule to “modernize” and expand overtime protections for workers on March 13. The administration signaled that it would like to expand overtime protections through a U.S. Department of Labor rule change that would raise the salary threshold defining which workers are exempt from overtime and potentially evaluate some of the […]