For example, a bookkeeper who only handles delinquent accounts is nonexempt because he does not frequently exercise personal discretion or judgment. Widespread office closures are expected for Monday and early this week. Under federal law, when a non-exempt employee works more than 40 hours in a workweek, overtime must be paid at 1. State employees, municipal employees, teachers, and medical savings accounts are specifically covered under Connecticut law. You do not have to pay exempt employees overtime. Under the federal exemption, wages you earn after filing are not part of your bankruptcy estate.
Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk. In fact, salary is only one part of an exemption. Recently, the lines between exempt and non-exempt have blurred, causing much controversy. However, because most employees working in Connecticut are also subject to the federal Fair Labor Standards Act, the rules and regulation set forth in that law regarding provide reasonable guidance. Regardless of whether an exempt employee works 25 hours or 65 hours, he still receives the same salary for the given workweek.
To receive show up or reporting pay, an employee must be able and willing to work as requested. In many cases, you can only exempt property in a category up to a certain value. Travel time Connecticut minimum wage laws require employers to count employee travel time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required or permitted to travel for purposes incidental to the performance of their job duties. Usually, exempt employees earn more than non-exempt employees do, though not necessarily more per hour. Non-exempt employees usually only work a set number of hours, but with overtime, can do well. For example, an ordinary bookkeeper may be described by an employer as one who determines credit policy when in fact, he or she merely deals with delinquent accounts in accordance with general guidelines by management. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice.
About the Author Grace Ferguson has been writing professionally since 2009. These are sometimes referred to as the white collar exemptions. No, although this is a common misconception about the overtime regulations. Tips on Being a Good Supervisor Another example of disagreement over the definition of exempt was the case of district supervisors who were in charge of delivering the Riverside Press-Enterprise newspapers in California. She must have undergone prolonged specialized training in her area of practice and use personal judgment and discretion frequently on the job.
What is an Exempt Employee? Examples of non-exempt duties include driving vehicles, operating machinery, bookkeeping, repairing equipment, delivering merchandise, sweeping floors, typing and filing, telemarketing, cashier work and preparing food. The employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed. I got stuck with that at a Wal-Mart distribution center. There is no requirement that there be a significant change in duty before changing a position from exempt to non-exempt. Connecticut Bankruptcy Court Locations Chapter 7 bankruptcy cases in Connecticut are filed in the. Duties are generally either exempt or non-exempt in nature. Employers should consider both federal and state laws where applicable.
Exempt white-collar employees must perform certain types of work, and they must generally be paid on a salary basis and receive a minimum salary. However, employees who perform computer installation or troubleshooting are not usually professionally exempt. Misunderstandings abound regarding the interaction of the salary test and the duties test, as well as the exemption for highly paid employees, under the Department of Labor's Fair Labor Standards Act overtime regulations. State Issues Above and beyond federal regulations, states maintain standards for exempt and nonexempt employees. Also, when the newspaper carriers missed work, it was up to the supervisors to physically complete the route and deliver the news papers. To be exempt under Connecticut's rules, an employee must pass either the long test or the short test.
Federal Exemptions The top 5 exemptions under Connecticut law compared to federal law. I also did custodial type work as well as supervise a team of 8. Sorry I didn't get to you sooner, Jan; I've had computer problems and can only post when I can borrow my husband's. In general, executive, administrative, sales and professional job positions qualify for exempt status. Our store's classification changed, therefore my manager's classification changed.
Job descriptions and job titles are not determinative of exempt or non-exempt status. The standards set forth under the federal Fair Labor Standards Act related to may provide additional reasonable guidance. What is the Difference Between an Exempt and Non-Exempt Employee? The working world divides employees into two classifications: exempt and nonexempt. What is a Non-Exempt Employee? The test for each exemption has a long version with a lower salary requirement and a short version with a higher salary requirement. The employer bears the burden of proof to demonstrate that an exemption is applicable.
But recently , questions have been raised about the use of these devices by non-exempt employees — in other words, those employees who are eligible to receive overtime. In general, an employee must meet all the standards of three different tests to qualify as exempt from minimum wage and overtime pay. Connecticut is one of the original states that was pivotal to the American Revolution and forming of our federal government. In general, exempt employees must be paid in full for any week in which they perform any work. To be exempt, the employee must be employed as a computer systems , computer programmer, software engineer or other similarly skilled worker performing professional job duties. Please note that some of our forums also serve as mirrors to Usenet newsgroups. §52-352 provided by Connecticut law.
Bankruptcy Code or the Conn. Rather than being paid by the hour, exempt employees are paid wages through a regular salary. After placing an employee on salary, they fail to maintain time records on them and disregard the requirement to pay time and one-half for work over 40 hours in any workweek. This problem occurred when Radio Shack managers claimed they spent most of their time making sales, vacuuming the store and cleaning the bathrooms. An accounting employee who does not perform the job duties required for exempt status is nonexempt. Executive, administrative, professional, outside sales and some computer positions are considered exempt positions. Where there is such a strong financial incentive, there is likely to be abuse.