X hits on this document

PDF document

EMPLOYMENT LAW GUIDE: - page 29 / 134





29 / 134

regulations require payment of minimum wages, timely payment of wages and payment of

overtime pay where required. Among other things, these statutes require that:

  • an employee who reports for duty by request or with permission be paid for at least 3 hours at no less than minimum wage, even if work is not available;

  • if an employee works more than 6 hours a day, the employee must have 30 minutes unpaid time for a meal (the employee can waive this right, but can only do so voluntarily);

  • an employee terminated involuntarily must be paid in full as of the date of

termination, including payment for accrued vacation and commissions owed;

  • employees who resign need be paid only at the next regular pay period;

  • employers must pay overtime at one and one half the employee’s regular hourly rate for all work in excess of forty hours in a week unless the employee is “exempt” from the overtime requirement.

There are several classifications of salaried employment that are “exempt” from the

requirement to pay overtime. The most common exemptions include: (i) executive; (ii)

administrative; (iii) learned professional; (iv) creative professional; (v) computer

professional; (vi) outside sales; and (vii) highly compensated positions.

Being paid on a “salary basis” means an employee regularly receives a predetermined

amount of compensation each pay period on a weekly, or less frequent, basis. The

predetermined amount cannot be reduced because of variations in the quality or quantity of

the employee’s work. Subject to an exception, an exempt employee must receive the full

salary for any week in which the employee performs any work, regardless of the number of

days or hours worked. Exempt employees do not need to be paid for any workweek in which

they perform no work. If the employer makes deductions from an employee’s predetermined

salary, i.e., because of the operating requirements of the business, that employee is not paid


Document info
Document views173
Page views173
Page last viewedSat Oct 22 09:18:56 UTC 2016