Exempt and Non-Exempt Employees

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    Under the Fair Labor Standards Act (FLSA), most employers are required to pay overtime to employees who work more than 40 hours in a given workweek at a rate of one and one-half times the employee’s regular rate of pay. There are many exceptions to this general requirement for employees who perform certain types of work – most...

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    Wage and hour law refers to the body of law that establishes and regulates wage standards, including, but not limited to, minimum wage and overtime. The Fair Labor Standards Act (FLSA) sets the majority of wage and hour law at the federal level. Other factors, however, control minimum wage as well. The IRS, for example, sets the parameters for...

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    The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for administering and enforcing a number of federal laws that set basic labor standards. WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and ensuring an employer’s compliance. The WHD targets certain industries...

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    Are all your employees accurately classified as exempt or non-exempt? How can you be sure, given the latest overtime rules from federal watchdogs? Easy -- conduct a top-to-bottom review of your pay practices, with help from an experienced employment law attorney. The DOL estimates that nearly 70 percent of employers are not in compliance with...
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    Are all your employees accurately classified as exempt or non-exempt? Are you sure? The DOL estimates that nearly 70 percent of employers are not in compliance with FLSA. In 2010 alone, it set aside $25 million for an enforcement crackdown, adding 350 FLSA investigators with the goal of sniffing out employers who commit wage and hour offenses...
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    Misclassifying employees as independent contactors costs the feds $2.72 billion every year, according to their accountants. And the problem isn't going away. Last December alone, 30 percent of employers using independent contractors mistakenly classified them that way. It's enough to get the IRS and DOL to pay attention! Last year, the DOL's...
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    The Department of Labor has estimated that nearly 70 percent of employers are not in compliance with FLSA. In 2010 alone, it set aside $25 million for an enforcement crackdown, adding adding 350 FLSA investigators with the goal of sniffing out employers who commit wage and hour offenses -- especially exemption misclassifications. In October,...
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    After coming under fire from the U.S. Government Accountability Office, the DOL is now beefing up enforcement against employers who misclassify their "independent contractors". The DOL has requested $25 million for its "Misclassification Initiative" that includes 100 additional enforcement personnel to target employers. "With these efforts, we...
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    Poorly written job descriptions can wreak workplace havoc, instill confusion, and leave employers exposed to devastating lawsuits. And now the newly-amended Americans with Disabilities Act has further complicated what was already one of HR's most challenging tasks. Learn how to create job descriptions that comply with the new ADA, that avoid legal...
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