The Overtime For Exempt Employees

According to the Fair Labor Standards Act (FLSA), some employees are exempt from the payment of an enhanced rate of pay for each hour over forty (40) in a work week, also known as ‘overtime’. While employers are not required to compensate otherwise exempt employees, some employers choose to pay additional compensation to exempt employees for additional work. In order to keep the exemption, employers need to provide this compensation carefully and in compliance with applicable laws.

Pursuant to Section 541.604 of the FLSA, an employer may provide an exempt employee with additional compensation beyond the employee’s regular salary without losing the exemption or violating the salary basis requirement, if the employment arrangement also includes a guaranteed salary of at least $455 per week, without any deductions for additional compensation may be in the form of a bonus, flat sum, additional time off, or time and a half or straight time pay for all hours the employee works beyond a normal work week.

The normal work week can be defined by the employer as it determines is appropriate for the salaried employee and does not have to be in accordance with the requirements of the FLSA. Therefore, an employer can determine how many hours it wants to declare constitute a normal work week for salaried employees. For instance an employer can have a policy that it will only pay straight time to employees for all hours worked over 50 hours per week, not the 40 hours as required for non-exempt employees.

The Federal Acquisitions Regulations (FAR) state that the use of uncompensated overtime, “hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act, is not encouraged.

Furthermore, if you are not going to pay overtime to overtime exempt FAR Regulation 37.115-2 states that when professional or technical services are acquired on the basis of the number of hours to be provided, rather than on the task to be performed, the solicitation shall require offerors to identify uncompensated overtime hours and the uncompensated overtime rate for direct charge Fair Labor Standards Act-exempt personnel included in their proposals and subcontractor proposals. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged 37.115-2.

This section suggests that under FAR the payment of overtime for exempt employees is encouraged when the contract is based upon time and materials. The FAR regulations also require that contractors abide by federal wage and hours laws regarding the payment of overtime to non-exempt employees.

Compensating exempt employees as non-exempt by paying customary time-and-a-half pay can lead to a termination of the exemption and legal action against the employer.

An exempt employee is “exempt” or excused from the overtime pay requirements. Exempt status little to do with the actual job description or title, but rather focuses more on the duties and responsibilities of the employee. Though the definition may vary by jurisdiction, an employee is usually exempt if they have more responsibilities than the average employee, and if they perform tasks that are more managerial in nature.

Exempt employees are not required to punch a clock. The FLSA does not place limits on the amount of time that an employer is allowed to require an exempt employee to work. Again, state laws may have different requirements from the FLSA.

Therefore, such employees are exempt from being paid overtime because it is assumed that the worker is working rather independently and has more discretion in the execution of their tasks. For example, if the person is involved in hiring and firing duties, they will likely be classified as exempt.

Certain categories of workers are automatically listed as exempt, including administrative personnel, executives, highly skilled workers, and licensed professionals such as doctors and engineers. Also, even if an employee is not specifically listed as exempt, they may fit into an overtime pay exemption category based on what their daily responsibilities involve.

Free Online Legal Tools – Are They Really Helpful

How can we get the best from the legal resources online?

Most of us have encountered problems with not knowing what to write or which form to use when faced with a legal issue. And Internet provides us so helpfully with many documents which we can use to solve these issues. Of course, if you are a lawyer or have a solid background with legal issues, most of these online tools might be not very useful for you. However, the majority of people do not have such knowledge and these tools can prove to be very useful. However, having some knowledge about the topic for which you need the legal form is helpful and you have a better chance to cope with your issue with the use of online sources.

In most cases the forms include the bare minimum needed for legal forms. If you need something more sophisticated, it is very likely that you will have to contact a specialist, after all. Also, be aware that not all of the forms are as good as promoted on the websites and the judgment which one to use is yours. You can check forums, of course, but that also takes time. The best way to choose is if you know someone who has used them and they were fine for them. Many companies offer both free and paid documents, that’s whyit is good idea to look through the free ones and if they prove to be good, you can contact the company and ask for a document tailored to suit you needs, but also at a reasonable price.

Another huge problem is formatting and it is often underestimated. You know what to include, but fighting with spaces, columns and tables is time-consuming. Plus, it happens very often that once you think that you have done the whole document perfectly and you have printed it, it turns out that we have missed something trivial, but important. Years ago (when there was no Internet), I had a situation when I forgot to include the date after spending a good amount of time formatting an affirmation. Luckily, I was able to include it manually but I might have not been so lucky. Now, I use Internet templates quite often but always check several types before deciding which one will fit my needs best.

Also, another important thing is that you need to make sure that these documents and forms are for your country and even for your region. It would not make much sense to use US, Canadian or Australian templates if you live in the UK. That is also true for the region in which you live. No matter what kind of online templates you have used, it is a good idea to bookmark the source from where you took it and to save an electronic copy before you submit it anywhere.

Generally, these documents can be very helpful, but do not trust the first legal form you see, make a good research and get the free legal forms you require. Sometimes, of course, it is better to look for personal help and not rely solely on Internet. All these online resources can be a great help but you should know (or learn) how to use them.

Protect Your Websites Copyrights Through Commercial Litigation

When it comes to ownership or violation of the infringement act set by the law, firms need to take assistance of commercial litigation services that would provide satisfactory results. Most firms fall apart due to differences between partners and also regarding the ownership right of each partner, this is when proper legal formalities can solve the issues. Online firms have been facing threats from close competitors by using the domain names that are strikingly similar except for a small change in detail which would ultimately give an undue advantage for the competitor.

Taking legal action against the violators should be done in a careful manner so as to safeguard the interests of the firm. Commercial litigation service would ensure the right kind of justice that could help businesses to oversee the threats from close quarters. With the growing importance of online trade, it is important that all the business entities are protected from external factors that hamper the growth prospects.

Internet lawyers can clearly be able to chart out various terms and conditions that can have legal implications in case of any violation by another source. Websites are prone to content duplication, plagiarism, imitation of the design, defamation and also copying the domain name. Most of these factors are crucial to maintain the true identity of a business that is needed to establish astonishing growth rate.

There might be several conflicts that may arise from various sectors when it comes to an online firm. Some of them include the web hosting agreements, violation of rules by contributors to the website, website promotion agencies, web designers and also the clients who establish contacts with the online firm. A commercial litigation expert can guide these firms to win legal battles against those who have violated the terms and conditions of the business.

Intellectual property rights of internet related businesses are crucial for long term business prospects. Commercial litigation lawyers help in drafting key rules and regulations in these matters to make the company free from any disputes in the future. Choosing the services of an established lawyer is important to take care of the interest of the online firms. Internet dispute settlement lawyers can deliver quick solutions to the ongoing problems and can successfully draft charges against those who are guilty of violating the terms and conditions.

Through the support of internet lawyers one can successfully sue those who are guilt on charges of infringement of the law. Website protection is important for any business to establish its reputation and also to avoid any large disparities with the competitors. Commercial litigation lawyers will provide services that would address various legal issues that might arise in the future.

With changing trend of legal framework it is important to hire for the services of reputed cyber lawyers who can provide the right kind of protection to the clients. Activities such as cyber squatting and typo squatting can be controlled to a great extent through the support of commercial litigation lawyers.

Civil Litigation Attorney Your Helping Hand

Litigation attorneys, also known as “litigators” or “trial lawyers” are the attorneys that defend individual or companies on civil cases. A litigation attorney manages all the phases of the litigation process including the investigation, pleadings and discovery to pre-trial, trial, settlement and appeal.

The responsibilities of a litishpriscigation attorney vary depending on whether the litigation attorney is representing the plaintiff or the defendant.

Preliminary steps taken by a civil litigation lawyer:

First of all, the litigation lawyer should examine very carefully all the evidences of the case. This is one of the most important aspects of the case.

The following steps are part of the process:

Locating witnesses.Taking witness statements.Gathering documents.Interviewing the client and investigating the facts leading to the dispute.

A Civil Litigation Attorney always tries to solve the case by a pre- litigation settlement before taking a case to the court.

In order to defend their clients, civil litigation attorneys may submit a variety of pleadings and motions. In response to the pleading submission, the attorneys investigate the allegations of the lawsuit so that they can form the response properly.

Discovery:

The next step is the discovery process where the parties exchange relevant information and the litigation attorney looks for the physical evidence.

During the discovery process, the following means are used:

Interrogatories.Depositions.Requests for production of documents.Requests for admission.

After that, the litigation attorneys advise and prepare their clients to the lawsuit.

Final Lawsuit:

Like said before, the civil litigation attorneys aim to solve the case before taking it to the court. However, when the parties don’t accept the proposed agreement, the case goes to trial. In that case, the attorneys have to present the case in front of a judge and work hard to get a positive client result.

Important points to consider about litigation lawyer

If you are considering filing a lawsuit, you should seek a litigation lawyer. But before hiring one, here are some important points you should consider:

Find out the field of expertise of the lawyer. For example, if you are looking for a lawyer to assist in your divorce, a lawyer specialized in personal injury will not able to help you out.Analyze the past cases of the lawyer including his win and lost record. If the win record of the firm is higher than the lost, that may be a good indication that you are in safe hands.Discuss the costs of the lawsuit before hiring the lawyer.Discuss your case and let him evaluate whether or not you even have a them about their communication strategy. How often do they update their clients? Regular communication between clients and law firms is very important.