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Exempt Employee

Cutting Exempt Pay to Recover Bonus Jeopardizes Status, Sixth Circuit Rules

A company plan to recover bonus “overpayments” from the salaries of exempt employees does not meet the salary basis test of the Fair Labor Standards Act, the Sixth Circuit rules, thus the employees were entitled to overtime payments.

The corporate plan in the case had specified that the company reserved the right to make deductions from exempt employee’s base salaries for bonus payments mad Read more

( Categories : Exempt Employee )

Purchasing Agents Qualify for Administrative Exemption Says DOL

Purchasing Agents who ensure that materials, equipment, and supplies are ordered and delivered and participate in the vendor selection process are performing duties that directly relate to the functional areas of purchasing and procurement, which fall under the exempt administrative employee criteria, according to an Read more

( Categories : Exempt Employee )

No Partial Day Deduction if State Leave Reason Different from FMLA

Exempt employees who are taking leave under a state’s Leave Act (such as the Hawaii Family Leave Law) for reasons not covered by the federal Family and Medical Leave Act must be paid for partial day absences caused by the leave, according to a recently released U.S. Wage and Hour Division opinion letter. Read more
( Categories : Exempt Employee )

Case Managers and Radiology Techs Are Not FLSA Exempt

Case managers employed by a service provider for individuals with disabilities do not qualify for the administrative exemption under the Fair Labor Standards Act, says the U.S. Wage and Hour Division. Read more
( Categories : Exempt Employee )

Bad Checks Deductible from Exempt Employee Bonuses Under FLSA

Deductions from bona fide bonus payments for bad checks or other cash shortages do not affect an employee’s exempt status, according to a recently released letter from the U.S. Dept. of Labor. Read more
( Categories : Exempt Employee )

Salary requirement for exempt employee met with combined U.S. and foreign currency, says federal Wage-Hour opinion letter.

The employees are foreign nationals temporarily working in the U.S. receiving compensation both in the currency from their home country and in dollars. The employees meet the other requirements for exempt executive, administrative, or professional employees, but the dollar amount of their pay falls below the minimum salary requirement of $455 per week. Read more
( Categories : Exempt Employee | Wage-Hour | Low wage earners )

Mortgage Loan Officers Non-Exempt Says First DOL “Interpretation” Letter

White Collar Worker Employees who perform the typical job duties of a mortgage loan officer do not qualify as bona fide exempt administrative employees under the Fair Labor Standards Act, the first U.S. Dept. of Labor Wage Hour Division “Interpretation” declares. Read more
( Categories : Exempt Employee )

Claims Adjusters Are OT Exempt, DC Circuit Rules

Auto damage adjusters for an insurance company meet the criteria of exempt administrative employees under the Fair Labor Standards Act and are thus exempt from overtime payments, rules the D.C. Circuit.
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( Categories : Exempt Employee | Exempt Status )