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  • Nebraska Labor Law Questions

    message edited
    Last edited by Owen G; 04-02-2008, 10:09 AM.

  • #2
    http://www.dol.gov/esa/regs/compliance/whd/whdfs4.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      message edited
      Last edited by Owen G; 04-02-2008, 10:10 AM.

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      • #4
        Originally posted by Owen G View Post
        As an employee of a nonprofit institution, then, FLSA doesn't apply to me? Or would it apply to my situation?
        There is no FLSA exception related "non-profit" exception per se based soley because the employer is non-profit. The employer may or may not be FLSA applicable but non-profit per se is not a factor. The "no interstate commerce" provision is a hard one to get around, but it is possible that you are not FLSA applicable. It is possible that you are FLSA applicable.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by Owen G View Post
          most of my research on the internet simply turns up companies selling labor law posters.
          That made me laugh!

          I know of no exemption for non-profits.

          Overtime is based upon a work week. If you are paid bi-weekly, the company CANNOT take the 10 hours of overtime from one week, when you worked 50 hours, and put it with the second week when you worked 30 hours. I would love to do that, but it is not legal.
          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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          • #6
            Originally posted by ScottB View Post
            I know of no exemption for non-profits.
            I know of exactly one, but it is not applicable to this situation. Let's say that Bob is an accountant and works for a non-profit. Bob can legally volunteer his services to say paint the building (something not legally possible at a for-profit), but cannot legally volunteer services related to his paid job at the employer. Other then that maybe some benefit stuff with retirement plans, non-profits are pretty the same as any other employer legally.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              message edited
              Last edited by Owen G; 04-02-2008, 10:10 AM.

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              • #8
                http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  I would give the DOL a call and ask if your line of work would qualify for the 8-80 exception. My experience is that it only applies to employees actually working directly with patients. I might be wrong, but it might also be a question worth asking.


                  I've implemented payroll systems for hospitals and they never used this exception for support staff.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Would you let us know what they tell you?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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