Author: s_miller

Is Cobra Required by Law

Is Cobra Required by Law COBRA or the ‘Consolidated Omnibus Budget Reconciliation Act of 1985”, is basically a federal law which requires those employing 20 or more than 20 employees and offering healthcare benefits to provide the choice to continue coverage for individuals who could otherwise lose out on these benefits as a result of…
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July 17, 2017 0
How Many Hours is a Salaried Employee Required to Work - California Wage Law Attorney

How Many Hours is a Salaried Employee Required to Work

How Many Hours is a Salaried Employee Required to Work The Fair Labor Standards Act (FLSA) does not actually limit the employers from asking salaried exempt workers to follow a specific schedule or to track the number of hours worked. As a matter of fact, the Department of Labor (DOL) states that employers could ask…
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July 17, 2017 0
Can an Employer Change an Employee from Salary to Hourly - California Wage Law Attorney

Can an Employer Change an Employee from Salary to Hourly

Can an Employer Change an Employee from Salary to Hourly In the United States of America, when the status of an employee is modified by the employer, it is advisable to prepare documentation that justifies the change (if needed by the U.S. Department of Labor Wage and Hour Division). It is the Fair Labor Standards…
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July 16, 2017 0

Can an Employee be Both Exempt and Nonexempt

Can an Employee be Both Exempt and Nonexempt According to the Fair Labor Standards Act (FLSA) regulations, an employer may classify an employee as either exempt or nonexempt, not both, basis the job or on the day. It is the “primary duty” of the employee that determines which status is applicable. As per the FLSA…
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July 15, 2017 0
Are Registered Nurses Exempt From Overtime - California Wage Law Attorney

Are Registered Nurses Exempt From Overtime?

Are Registered Nurses Exempt From Overtime? Under California State laws, the majority of the nurses are qualified to receive overtime pay. There are specific nurses that are involved in advanced practices that fall under the professional exemption. They include certified nurse anesthetists, certified nurse practitioners, and certified midwives. Professional exemption Just because a registered nurse…
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July 15, 2017 0

How to Calculate Holiday Pay for Salaried Employees?

How to Calculate Holiday Pay for Salaried Employees? Vacation pay is earned as it is considered as wages under California State laws. Holiday pay for salaried employees is calculated as follows: The current rate of pay for the employee is taken. The number of days an employee accumulated for annual vacation is determined. If there…
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July 13, 2017 0
Do Salary Employees Get Vacation Pay - California Wage Law Attorney

Do Salary Employees Get Vacation Pay?

Do Salary Employees Get Vacation Pay? There is no rule under California State that requires employers to provide its employees with paid or unpaid vacation time. The employer is allowed to have its own agreement, policy, or practice to provide paid vacation but there are restrictions in place as to how the employer can provide…
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July 13, 2017 0
Are Salaried Employees Required to Work Overtime - California Wage Law Attorney

Are Salaried Employees Required to Work Overtime?

Are Salaried Employees Required to Work Overtime? An employer decides the working hours and schedule of its employees. If the employee fails to work the scheduled overtime or if an employee refuses to do so, the employer can penalize the employee which can also include termination. Are salaried employees entitled to overtime? Overtime actually depends…
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July 10, 2017 0
Do Salaried Employees Get Breaks - California Wage Law Attorney

Do Salaried Employees Get Breaks?

Do Salaried Employees Get Breaks? For an employee to be entitled to receive breaks under California State laws, it is not important whether they receive a salary or not. The most important factor is whether the employee falls under the exempt status or non-exempt status. Even if an employee receives a salary, they will fall…
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July 10, 2017 0

Can You Pay an Exempt Employee Hourly?

Can You Pay an Exempt Employee Hourly? For an employee to fall under the exempt status, they have to meet the three tests that are outlined in FLSA regulations. The employee should earn not less than $23,600 a year, the employee should be paid on a salary basis and the employee should perform job duties…
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July 10, 2017 0