• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Payroll managers typically fall in nonexempt class

06/01/2004

Q. We have a payroll manager who handles our payroll and FMLA policies. In our last audit, we were told that because her primary duty is payroll, she did not fall under the administrative exemption. Is that true? —Juliette, Florida

New OT rules: countdown to compliance

06/01/2004
The long wait is over. Now it’s time for you to act.
More than a year after proposing changes to the rules that define which employees are eligible for overtime …

Passing the ‘duties test’: new exemption definitions

06/01/2004
Under the new overtime rules, white-collar employees who earn less than $455 per week ($23,660 annually) are automatically eligible for overtime. Those who earn more than $100,000 and perform just one …

Four-Year degree won’t automatically earn exemption

06/01/2004

Q. Regarding the “learned professional” exemption, is it safe to say that a person with a four-year degree would be considered in that category, but a person with an associate’s or two-year degree would not? —Marilyn, Pennsylvania

New exemption definitions aren’t retroactive

06/01/2004

Q. If, according to the revised Labor Department regulations, we’ve been improperly classifying certain employees, would we need to go back and reimburse them? At that time, we thought they were properly classified. —Becky, Texas

Look at big picture to determine ‘Primary Duty’

06/01/2004

Q. The duties test under the Labor Department’s overtime regulations talks about determining the employee’s “primary duty.” How do we determine that? —Marie, Pennsylvania

New govt. rules redefine who’s eligible for overtime pay

06/01/2004
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Requiring training won’t constitute retaliation, court says

05/01/2004
Don’t worry about assigning an employee to a job in which she’ll need to upgrade her skills, even if that employee previously filed a lawsuit against your organization. Reason: As long …

Ignorance of law is no defense for layoff-notice violation

05/01/2004
If your organization is weighing a plant closing or employee layoff, determine early whether you’re required to give employees notice under the Worker Adjustment and Retraining Notification (WARN) Act. Courts won’t …

Revisit severance pay as a recruiting tool

05/01/2004
If your organization has offered little or no severance pay, now’s a good time to beef up that benefit.
Reason: Choppy economic conditions the past few years saw many employees …