Question: We have an employee claiming they shouldn't be classified as exempt from overtime. If it turns out they're right, what are the penalties for misclassification? Answer: The cost of misclassification can be steep and will depend on several factors, such as...
Overtime
From the HR Support Center: Are you calculating employee overtime correctly?
Make sure you’re calculating overtime on a workweek basis, not a pay period basis. Non-exempt employees must be paid time and a half for all hours worked over 40 in a workweek, regardless of total hours worked in the pay period. The workweek is the 7-day, 168-hour...
U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor...