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home | Exempt/Non-Exempt
 

Exempt/Non-Exempt

Back to Minimum Wage & Overtime
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Online Exclusive: Independent Contractor Agreement
Online Exclusive July 2008
A written independent contractor agreement is essential to document the mutual understanding between you and your contractor that the person is not an employee. This month, we're providing a sample general agreement that can be customized as needed. Online subscribers can access this sample form now. . . . more
Independent Contractors: What Do I Do with My 1099 Contractor Who Performs Employee Work but Doesn't Want to Become an Employee?
July 2008
I have a 1099 contractor who does not want to become an employee, but technically she's been performing the same functions an employee would. She has been a contractor for over a year. How would you advise us to handle this situation? . . . more
Leaves: Can We Force Employees to Take Vacation During a Twice-Yearly Shutdown?
May 2008
We've been struggling with keeping production up because of employee vacations. So instead of trying to fight vacation schedules, we want to start shutting down for a week in December and again in July and making everyone take vacation during those weeks. Are there any laws about doing this or any problems that you foresee? How much notice do we have to give? How would we go about phasing this in? . . . more
FLSA Exemptions: How Many Workers Must Report to a Working Foreman to Make Him or Her a 'Supervisor'?
April 2008
We have a lot of production workers, several "working foremen," and a few supervisors. A foreman has said that because of the number of people working under him (10 employees), he should be paid as a supervisor. So now we're trying to sort out the distinction between workers, working foremen, and supervisors. Is there a specific number of employees that is too many for a foreman to be responsible for? How should we define these roles? . . . more
Meal Breaks: What Are Our Meal Period Obligations for Truck Drivers Whose Hours Are Regulated by the CPUC and the DOT?
March 2008
Many of our employees are commercial truck drivers whose hours are regulated under CPUC and DOT rules. Do we need to provide meal breaks or make sure that these employees take meal breaks? CPUC and DOT rules regulate the number of hours that a driver can work per day, but are we still bound by our meal break obligations under the Labor Code and Wage Orders? . . . more
Rest Breaks: How Do We Handle Complaints About Smokers' Breaks?
March 2008
We're a small company and we've been fairly lenient with rest breaks. We assumed that employees would take a 10-minute rest break in the morning and again in the afternoon, but we haven't policed exactly how long people take their breaks. We've also just let smokers step outside for cigarette breaks without tracking how often or how long they're out. We haven't felt that anyone was taking advantage of this system or abusing the privilege. . . . more
Short Takes: Rest Periods
February 2008
A worker says 10 minutes isn't enough time to get to the break room, have coffee, and return to her work . . . more
Travel Pay: What Time Is Paid Work Time When Nonexempt Employees Travel?
January 2008
We're having a devil of a time figuring out precisely how to pay our nonexempt employees when they travel. If they travel by air and stay overnight, do we start paying as soon as they leave their house for the airport? . . . more
Bulletin: New state minimum wage goes into effect on Jan. 1, 2008
December 2007
As of the first of the year, California's minimum wage will be $8.00 per hour, up from the 2007 rate of $7.50. . . . more
Exemptions: How Do I Know If the Executive Exemption Applies?
CELA Online Exclusive
Can you shed some light on how to determine if my employees fall within the executive exemption? I don't want to get hit later with unpaid overtime claims . . . more
Compensation: Must We Pay for a Half Day if We Ask an Employee to Come in for an Hour?
September 2007
If we call someone in for a meeting or training or whatever that lasts an hour on a day he or she would not otherwise be working, do we have to pay the employee for a half day? . . . more
Compensation: When Are Computer Workers Exempt from Overtime? Part 2
July 2007
We are going to hire a number of computer workers. I'm writing job descriptions and have to establish whether these workers will be exempt or nonexempt. Can you help me with the "computer professional exemption"? . . . more
Compensation: When Are Computer Workers Exempt from Overtime? Part 1
June 2007
We are going to hire a number of computer workers. I'm writing job descriptions and have to establish whether these workers will be exempt or nonexempt. Can you help me with the "computer professional exemption"? . . . more
Computer Professionals and Overtime in California: How to Classify Your IT Workers Correctly
Computer Professionals and Overtime in California: How to Classify Your IT Workers Correctly Audio Conference
Originally presented on October 3, 2006
Determining when information technology workers must be paid overtime, and when they should be classified as exempt is a tricky business. And as with all exemption status issues--if you make a mistake, you could end up owing huge sums in back wages, attorneys' fees, and jury verdicts. . . .
more
Immigration Laws and HR: What You Need to Know
Immigration Laws and HR: What You Need to Know Audio Conference
Originally presented on September 26, 2006
Do you know exactly what paperwork is required when you hire a non-U.S.-citizen? Do you know how to properly complete and file I-9 forms? Do you know what your legal obligations are regarding work authorizations? Whether you're an international, multi-location employer or a small family-owned business, you're required to comply with the immigration laws related to hiring and business operation. . . .
more
Computer Professionals and Overtime in California: How to Classify Your IT Workers Correctly
Computer Professionals and Overtime in California:
How to Classify Your IT Workers Correctly Audio Conference
Originally presented on August 23, 2005
Determining when information technology workers must be paid overtime, and when they should be classified as exempt is a tricky business. Find out how to avoid the mistakes that can cost you big time. . . .
more
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