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Will you help us make sure we're following NC law? North Carolina

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  • tessab
    replied
    That's extremely useful information, DAW and I really appreciate it. I'll pass that to our ED. She was concerned that since we have set up an expectation that our employees receive flex time when working after hours, if we chose NOT to provide the flex time for the volunteer work, we'd be setting outselves up for a problem.

    Thank you again!

    Tessa

    Leave a comment:


  • DAW
    replied
    Exempt Salaried are very different from everyone else. Paid overtime is not an issue. This class of employee never has a legal expectation of additional compensation.

    HOWEVER, you do have another potential issue. The Exempt classification is a function of all hours actually worked. It is possible for a sufficently quantity of non-exempt tasks to risk the Exempt classification. I am not saying that a single day once in a great while do this. I would however be careful. Depending on the specific Exempt classification, you functionally have a metaphysical "balance beam". For each Exempt Salaried employee, exempt hours go in one pan and non-exempt hours go in the other pan. Too many hours (on a percent basis) going into the non-exempt pan and you just turned an Exempt employee into a Non-Exempt employee.

    And if the employee is on the margins, they have no reason to not file a wage claim that they were ALWAYS non-exempt.

    Leave a comment:


  • tessab
    replied
    Sorry, I should have been clearer. All of our employees who would be volunteering are "Salaried, Exempt". Our policy in the past has always been that whenever an employee worked outside of standard hours (for example, attending a Business After Hours, attending a school board meeting, attending a commissioner's meeting, etc.) that the employee would be allowed to take the same number of hours in "flex" (or comp, if you will) time.

    This time, however, we are thinking approximately 25 employees will show up to volunteer at this 8-hour, Saturday event. And, while attending the meetings listed above are mandatory, attending and volunteering at this event is definitely NOT mandatory, but appreciated.

    Does that make sense? Or did I just confuse even myself? We're just trying to make sure we do the right thing and not take a chance of getting into some kind of trouble down the road.

    Thanks so much!

    Leave a comment:


  • DAW
    replied
    What ever you want to call it, "comp time" is legally problematic. If you are talking about law, this is something legally a function of governmental employers deferring paid overtime for Non-Exempt employees. It is not legally possible for a non-governmental employee (including a non-profit) to legally defer the payment of due overtime for Non-Exempt employees. It is legally possible to have something called comp time or flex time or banana time or pretty much anything else for Exempt employees because there never was a legal requirement to pay overtime for Exempt Salaried employees in the first place.

    Leave a comment:


  • tessab
    replied
    Our employees work in a variety of capacities, mostly dealing with children. We have other employees though, who do administrative work. The event will be about 500 children and families. Our employees would be supervising the children, taking money, organizing games, directing people (and traffic), offering information about our organization, and so forth. Also doing a lot of "meet & greet".

    Our word for comp time is flex time - I forgot the 'real' world calls it comp time.

    Leave a comment:


  • Pattymd
    replied
    It depends on what they're going to be doing. For example, if the bookkeeper is keeping the books for the event, that's likely compensable time. However, if s/he is sitting in the dunking booth, it wouldn't be.

    What do you mean by "flex time"? Do you mean comp time?

    Leave a comment:


  • Will you help us make sure we're following NC law? North Carolina

    Hi,

    I've tried to research in several locations, and seem to be getting mixed answers. I work for a non-profit (501(c)(3)) organization. We are organizing a community-wide fundraising event and plan to ask for employee volunteers at this event. Our question: If participating in the event is NOT REQUIRED, must we pay the volunteering employees overtime or give them flex time?

    Thanks so much.
    Tessa
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