While we title this section of our web site "Overtime/Contractors", there are many wage and hour issues of interest to employers, including which employees are properly exempt, overtime payments, maximum hours, vacation, sick pay, proper deductions from paychecks (including FMLA deductions), independent contractors, and the use of long-term temporary employees. We also cover some of these fundamental topics in our classes, so managers have working knowledge of the law and the ability to partner with in-house experts as issues arise. Here we offer in-depth information on exempt and non-exempt employees, overtime payments, maximum hours, vacation, sick pay, and proper deductions from paychecks (including FMLA deductions).

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

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Frequently Asked Questions

• Is your job properly exempt?
• How many hours can employees be forced to work?
• What are the rights to lunch, breaks, vacations and holidays?
• What are the rights to sick pay and PTO?
• What are the rights of hourly employees?
• What are employees owed when they leave?
• What are proper pay and time keeping procedures?
• What are the rules for independent contractors and temps?
• What are employee rights to benefits?

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FAQs

Is your job properly exempt?

• Can we have part-time exempt employees?
• Can we make exempt employees non-exempt?
• Company pays engineers straight time for overtime - is that illegal?
• New overtime rules now in effect
• What counts as salary?
• Is it legal to pay a manager less than his predecessor?
• Does Degree=Salary?
• What is a "salary non-exempt" position?
• Can a worker be both exempt and non-exempt?
• What are legal issues of exempts working at home?
• Is employer obligated to maintain manager's salary?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

How many hours can employees be forced to work?

• Can we force an exempt employee to work 8 hours per day?
• Is it legal for manager to be on call 24/7?
• Can we require 24-hour availability?
• What law protects overworked semiconductor engineers?
• How many hours per week can a salaried employee be required to work?
• How many hours can supervisors be forced to work?
• Can employee's work hours be changed on management's whim?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are the rights to lunch, breaks, vacations and holidays?

• Must salaried employees be paid for company holidays?
• Our company has facilities in many states - what laws should we follow?
• Does company have to pay for meetings during lunch?
• If employees take 1-hour lunch, do they still get breaks?
• Do we have to pay for holidays employees don't put on time sheets?
• Can employees be fired for not working Christmas day?
• Can we exempt top management from our vacation policy?
• Can employees surf web during lunch breaks?
• Employee refuses to take lunch break, what should we do?
• Do we have to pay "paid holidays" that fall on Saturdays?
• What are employee rights to vacation?
• Worker Rights When the Lights Go Out
• Must California employers offer "make-up time" under AB 60?
• Do I have a right to accrued vacation pay when I leave?
• We take our employees to lunch for their reviews -- do we have to pay them, too?
• Can hourly employee skip lunch to leave early?
• Can exempt employees be forced to take lunch breaks?
• Do we have to give meal breaks?
• Are salaried employees required to get breaks?
• Do holidays count for overtime?
• Do employees accrue vacation while on FMLA?
• Can they force us to work holidays?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are the rights to sick pay and PTO?

• Can we require employees to use PTO if they work less than 40 hours?
• Do we have to pay PTO to employee who lied?
• What are the Federal Rules on PTO?
• Can we deduct pay of exempt employees who are sick?
• Employee has used all PTO -- Do we still have to pay sick days?
• Exempt employee exceeded PTO -- Can we deduct days from salary?
• Do we have to pay unused time off?
• Do we have to be paid sick time?
• Can we deduct partial sick pay from exempts?
• Can employer deduct sick day from overworked exempt employee?
• How do we handle PTO abuse?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are the rights of hourly employees?

• When are part-time employees entitled to overtime?
• Must home office employees "give" the time they would have been commuting?
• Do we have to pay hourly employee who answers cell phone during off hours?
• We fired employee - do we have to pay her for the day we fired her?
• Do we have to pay employees who go to insurance enrollment meetings?
• Hourly employee worked holiday and Saturday - is he entitled to overtime?
• Can we contract with our employee's side business?
• Can they force us NOT to work overtime?
• Do we have to pay hourly employees a daily minimum?
• Must new employees be paid for orientation?
• Do we have to pay employee for going for drug test?
• Do we have to pay military reservists?
• Do we have to pay employees for wearing beepers?
• Do we have to pay for travel time?
• What are penalties for failure to pay overtime?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are employees owed when they leave?

• We owe employee and employee owes us - can we hold check until he pays us back?
• Can we hold the check of ex-employee who owes us 240 hours of PTO?
• What do we pay employee fired for stealing?
• Manager telecommuted from prison - do we have to pay her?
• Do we have to pay an earned bonus if employee quits before it's paid?
• Accrued sick leave and vacation pay may be "wages"
• Can company require reimbursement for training if I quit?
• Employee took keys and manual -- what can company do?
• How do I get my final pay check?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are proper pay and time keeping procedures?

• Can a manager be personally liable for unpaid wages?
• Can we force an exempt employee to work 8 hours per day?
• We cut salaried employee hours and pay - do we have to pay OT?
• Do we have to pay OT when employee came to work when no one else here?
• Employee left hours off the timesheet - do we have to pay him all the hours he worked?
• Can we cut salaries of all exempt employees during budget crunch?
• Can we hold the check of ex-employee who owes us 240 hours of PTO?
• Can we pay salaried employees overtime?
• Overweight employee broke chair - can we charge her for it?
• Employees refuse to clock out for lunch - what can we do?
• Do we have to pay employees on jury duty?
• Can employer force exempt employees to use time clock?
• Can different departments have different time-keeping standards?
• Do we have to give the raise we promised?
• Owner has a cash flow shortage and pays us late -- is that legal?
• Can they force managers to take a pay cut?
• How do we get back money we overpaid employees?
• How precise must time cards be?
• Can employer require us to falsify time records?
• How do we get employees to pay back employer?
• What are proper pay practices for exempt employees?
• Must manager's hours be accurately reflected on pay stub?
• Does time sheet cheating create legal liability?
• What are legal pitfalls of PTO?
• Can the company change an employee's time card?
• Should salaried employees have a PTO 'bank' like the non-exempts?
• Is it legal to change compensation plans mid-year?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are the rules for independent contractors and temps?

• Do we have to pay contractors overtime?
• Can we contract with our employee's side business?
• What are the laws of independent contracting?
• How do we keep temps temp?
• Microsoft loses independent contractor case -- again
• Microsoft loses on independent contractors

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

What are employee rights to benefits?

• Are part-time employees entitled to benefits?
• Are employees entitled to benefits?
• Can employer have different benefits for exempts and nonexempts?

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Still have questions about Overtime Exempt Law? Ask the Lawyer!

 

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