exempt employee overtime

• White v. Murtis M. Taylor Multi-Serv. Ctr., (Ohio 2010)

Fair Labor Standards Act, R.C. 4111.03, overtime pay, exempt employee, administrative exemption, learned professional exemption.

• Ohio Supreme Court

• Great Neck-Based Community National Bank Faces Fair Labor Lawsuit

An information technology worker is suing his employer, Great Neck-based Community National Bank, and the bank's Melville-based human resources outsourcing company, for $1 million over overtime wages. Community National Bank employee John Paul Balingit filed a federal lawsuit in late January because he was classified as an "exempt" employee - meaning that he could not earn overtime for working more than 40 hours per week - when he should have been "nonexempt." The bank's attorneys filed a motion to partially dismiss the claims May 18, according to documents online.

• Long Island Business News
• May 27, 2011

• Overtime

. Overtime is work done by hourly employees beyond the regular work hours per week. Any work o...EXEMPT AND NON-EXEMPT EMPLOYEES. U.S. labor law distingui...

• Encyclopedia of Small Business
• J-Z

• Greathouse v. E. Liverpool, (Ohio 2004)

Comp time; Overtime-exempt employee; Summary judgment; Negligent misrepresentation; Justifiable reliance; Stock proceeds.

• Ohio Supreme Court

• Wage-and-Hour Pitfalls to Avoid

Hourly Employees Many employers make the mistake of paying certain supervisory employees and office staff a fixed salary (but not overtime) when, in fact, the employees are deemed non-exempt from minimum wage and overtime requirements. [...] unless an employee falls within one of the Fair Labor Standard Act's exemptions for executive, administrative, professional, outside sales, computer, or certain other employees, he or she must be paid at least the minimum wage for every hour worked and receive overtime compensation.

• BusinessWest
• April 14, 2010

• 5 CFR 9901.362 - Modification of standard provisions.

...(a) Premium pay limitations. (1) An employee is covered by the premium pay limitations establis...(b) Overtime pay. (1) An employee is covered by the overtime pa...(i) The overtime hourly rate cap for FLSA-exempt employees based on the rate of basic pay for the m...

• Code of Federal Regulations - Title 5: Administrative Personnel

• Commentary: Employers, Beware: A Salaried Employee Is Not Automatically an Exempt Employee

Most employers are generally familiar with the difference between exempt and nonexempt employees: exempt employees are paid a salary and do not receive overtime pay; nonexempt employees are paid by the hour and are entitled to overtime pay. However, when classifying employees who perform office or nonmanual work, employers frequently disregard an important element of the legal test for whether an employee is exempt: what the employee actually does all day. The exemptions applicable to employees who perform office or nonmanual work require that the employee be paid on a salaried basis and primarily perform certain duties. Both criteria must be met; otherwise, the employee will not be exempt from minimum wage or overtime, with potentially costly results.

• Daily Journal of Commerce
• May 20, 2010

• Workers Are Due Overtime Based On Classification

Is our business required to pay overtime to salaried employees? Possibly. Whether an employee is paid weekly or hourly is not conclusive with regard to overtime pay. Whether an employee is owed overtime is determined based upon whether he or she is an exempt (from the overtime laws) or non-exempt employee.

• The Record, Bergen County, NJ
• December 11, 2008

• Legal Briefings

In Havey v. Homebound Mortgage Inc, the US Court of Appeals for the 2nd Circuit ruled that Havey was exempt from overtime pay as an administrative employee under the Fair Labor Standards Act and Vermont law because the adjustments to her minimum $48,000 base salary each quarter were prospective and never reduced her base salary, and thus did not violate the salary basis test. Meanwhile, in Grubb v. Southwest Airlines, the US Court of Appeals for the 5th Circuit affirmed the district court's decision that Grubb failed to show that the airline violated the Americans with Disabilities Act by firing him. Grubb's Family and Medical Leave Act claim also failed.

• Workforce Management
• August 29, 2009

• Commentary: Non-Competes Harder to Employ, but Options Exist

Oregon non-competition law is about to change. Although there are many changes coming Jan. 1, two are especially significant: Non-compete agreements will only be valid if the covered employee is exempt from overtime, and employees must be informed of non-compete requirements at least two weeks before they start work.

• Daily Journal of Commerce
• November 18, 2007