Jury duty. It is something that many people dread being called for, but being summoned and responding is a civic duty and an honored privilege, critical to our judicial system. That can be an article all to itself, but today we will cover how the employer handles calls to jury duty by their employees. Employers are prohibited by state laws from terminating or penalizing an employee, in any way, who is called to serve on jury duty. Being laid off would certainly dissuade people from serving, so the states provide a bit of protection to the employee. If the employee…
Posts tagged as “FLSA Exempt”
A question that I am frequently asked after a hurricane strikes is “Do I have to pay my employees for times that my business is closed during and after the storm?” The answer is a resounding “maybe”. It all depends upon the classification of employee (and company policy), and we can break it down into two distinct categories; Hourly and Salaried. Let’s look at the hourly employee first. An employee who is paid based on the hours they work would not be entitled to any legally mandated pay for time they are not working. Some states require that if an employee…
By: Matthew N. Thibaut, Esq. Employment Law Practice Group CIKLIN LUBITZ & O’CONNELL The Fair Labor Standards Act (FLSA) is an extremely technical statute that was enacted in 1938, which is the federal law providing employees overtime protection. Under the FLSA, an employee in the United States is entitled to receive 1.5x their regular rate of pay for hours over 40 unless they are exempt. The most common exemptions are the executive, professional and administrative exemptions, also referred to as the “white collar” exemptions. These exemptions are not determined by occupation, job title or classification, but rather by a two-part test: (1) duties test and (2)…