The recent bad weather can create problems for employers, particularly if the business had to shut down for a period of time due to flooding or electrical outage. One common issue involves payment of employees if businesses are forced to close. This week’s Feature is a white paper from HRN Performance Solutions on emergency closures and paying exempt and non-exempt employees.

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The U.S. Dept. Read more

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

The U.S. Dept.

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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

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

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

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

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

An account manager for a media software company who acted as a bridge between the software developers and the customers in helping to determine the customers’ needs, relaying those needs to the developers, assisting in the customization of the software, and finally helping the customers use the customized software met the definition of exempt administrative employee under the Fair Labor Standards Act, the Seventh Circuit rules, affirming the rejection of the account manager’s claim for unpaid overtime. Read more

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

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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