Tag: non-exempt

Our thoughts are with those in Houston and surrounding areas who are affected by the devastation of Harvey. With the area torn apart by flooding and the closure of roads, schools, and airports, some residents may find returning to work in the near future difficult. Harvey signals the beginning of storm season in the country….

Question: What is the difference between exempt and nonexempt classifications and what are the requirements to classify a job as exempt? Answer: The federal Fair Labor Standards Act (FLSA) sets the requirements for defining exempt and nonexempt employees. Understanding the distinction between exempt and nonexempt employees is critical, as this is a highly litigated subject….

Question: We have a salaried/nonexempt employee who has used all her sick and vacation time. Can we dock her 8 hours if she has missed a day? Answer: The Fair Labor Standards Act (FLSA) does not require employers to pay nonexempt employees for hours they did not work. If an employee missed a day and…

Question: Is a Georgia employer required to provide nonexempt employees with a break and/or meal period? If the employer does provide a meal period, should employees be required not to refrain from working during that time? Answer: According to the Georgia Department of Labor, neither the Fair Labor Standards Act (FLSA) nor Georgia state law…

Question: How should we pay a nonexempt employee traveling from California to North Carolina, departing on Sunday and returning after eight hours of training on Wednesday at midnight Pacific time? Answer: Based on California wage and hour regulations, compulsory travel time longer than the employee’s normal commute is considered compensable time. The definition of hours…

Question: Can we change our hourly employees to salaried? If so, what is the minimum pay for salaried employees in California? Answer: An employer may pay employees who were previously paid an hourly wage a fixed salary and retain the nonexempt classification, but should be aware of laws surrounding overtime and meal/break requirements ensuring they…

Question: Can an employer round time worked to intervals of their choice, such as 5 or 10 minutes? Answer: An employer can choose the interval for rounding time for payroll purposes. The best practice is to use the smallest interval of time that can be accurately captured in the company’s timekeeping system. The employer must…

Question: When a nonexempt employee in California does not have a starting work site that varies each day, how do we compute travel time when they travel out of town for work-related training? Answer: According to the California Department of Industrial Relations (www.dir.ca.gov), mandatory travel time longer than the employee’s normal commute is considered compensable…

Question: Do we have to pay a nonexempt (hourly) employee to complete training courses outside of his normal working hours when it is a requirement for the job? Answer: The following information is excerpted from the U.S. Electronic Code of Federal Regulations: Employees who spend time at lectures, work courses, employer-sponsored training programs or employee…