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  • Exempt/Non Idaho

    I may have several follow up questions depending on the answer to these.

    If a person meets the exemption test, is the company required to make them an exempt employee or can they stay hourly?

    If you are labelled exempt and recieve an hourly wage, can your paycheck be docked hours that were not worked. For instance if the person shows up for two hours and is gone the rest of the day, do they need to get paid for the full day?

    On the other end, if they work overtime and are labelled exempt is it ok to pay straight time overtime or does that effect the exempt label?

  • #2
    Originally posted by OzzyAte View Post
    If a person meets the exemption test, is the company required to make them an exempt employee or can they stay hourly?
    The laws do not require companies to make anyone exempt. They simply restrict who may be exempt.

    Originally posted by OzzyAte View Post
    If you are labelled exempt and recieve an hourly wage, can your paycheck be docked hours that were not worked. For instance if the person shows up for two hours and is gone the rest of the day, do they need to get paid for the full day?
    They need to be paid for the full day. Any available paid time off may be used, but if there is no paid time left, the employee still must be paid for the full day. Discipline is okay, but docking pay for partial day absences is not.

    Originally posted by OzzyAte View Post
    On the other end, if they work overtime and are labelled exempt is it ok to pay straight time overtime or does that effect the exempt label?
    You will get mixed opinions on this. Exempt employees are supposed to be paid salary (some exceptions), so paying hourly works for some exempt professionals, like doctors or lawyers, but I think an employer is on thin ice to pay, say, a manager, extra money for working more than 40 hours a week.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thank you, one (hopefully) more question then...How do you remedy the situation of being labelled exempt but paid hourly for hours worked and straight time overtime. Is there back pay involved? or fines?

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      • #4
        Originally posted by OzzyAte View Post
        Is there back pay involved? or fines?
        Yes and maybe.

        If someone was improperly classified as exempt, then the employee is owed back pay for any overtime worked. If, as an improperly classified "exempt" this person was paid straight time for hours worked over 40 in a work week, then he/she would be paid only half time for those hours, since he/she already received the straight pay.

        Fines apply only when the auditors find there was willful misconduct on the part of the company.

        The auditors only go back two years, unless they find willful misconduct, in which case, they can go back three years.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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