The Fair Labor Standards Act (FLSA) requires employers to pay an employee overtime (1 and 1/2 times his or her regular rate of pay) if that employee works more than 40 hours per week. There are four specific exemptions under the FLSA: administrative, executive, professional and outside sales personnel. If an employee qualifies for one of these exemptions under either the "long" or the "short" FLSA tests, the employer is not required to pay overtime to that employee. Unlike nonexempt employees, who are paid for working a specific number of hours, exempt employees are paid to get a job done. They receive the same salary regardless of how few or how many hours they work in a week.
Is Your Company in Shape for an Audit?
How would your company rate if its policies, procedures, and personnel files were audited right this very minute? That was the question asked by Mitchell L. Fishberg, a partner at the law firm of Brown Raysman Millstein Felder & Steiner during the firm's Annual Employment Law Update.
Duties Matter More Than Titles in OT Eligibility
A federal appeals court reminded everyone recently that duties carry more weight than a job title when determining whether an employee is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
Appeals Court Reverses Overtime Ruling
The U.S. Court of Appeals for the 9th Circuit has ruled that 2,000 claims adjusters for Farmers Insurance Exchange are exempt from the overtime requirements under the federal Fair Labor Standards Act (FLSA).
Merrill Lynch Settles OT Suit by Brokers
Merill Lynch has agreed to pay as much as $37 million to settle a lawsuit alleging
the company misclassified stockbrokers in California as exempt from overtime, the New York Times reports.
