Obviously, this is a very high standard of proof and provides a tremendous advantage to employees. How much paid sick leave do employees get? Washington law requires overtime wages to be paid whenever an employee works more than 40 hours during a week. Use the job description to determine if the employee falls into the exempt administrative category. My employer regularly expects many employees to work more than 40 hours per week with no comp time, overtime pay, or compensation of any kind. Determine if the employee is highly compensated. Exempt employees are not covered by the state law.
Church said the department now is not sure when these rules might take effect. Oney holds a Bachelor of Business Administration from Kent State University and a Master of Science in management, human resources, from the University of Akron. Karen Keiser, D-Kent, and Rep. Examples of occupations that typically do not qualify for exemption include computer technicians, customer support staff, medical technicians, telecommunications technicians, mechanics, estimators, licensed practical nurses, bookkeepers, day care instructors, code and compliance inspectors, teaching assistants and paralegals. All other employees would automatically be eligible for overtime regardless of job responsibilities. Typically, only executive or senior level management positions are exempt, however, the law can exempt any position from the civil service rules.
Professionals must possess either advanced knowledge or talents in a creative or intellectual area and spend most of their time in such pursuits. How is it different from general civil service? When deciding between state and federal law, an employer must apply the law most protective to the employee. Computer employees, such as programmers and analysts, may be exempt if their work involves designing, testing, analyzing or documenting computer equipment or software. A position can be designated exempt either by statute or by the State Human Resources at the request of the Governor or other elected official. 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. The employer must also pay for the employee's reasonable attorney fees.
Note: For a list of statutory exemptions under Washington law, click. Exempt is the term used to identify positions exempt from state civil service law. Instead, the only thing that matters is the actual facts of employment. Attorney Scott McKayis a highly experienced trial lawyer with 27 years of experience. If state laws do not agree with federal laws, employers should follow the statute that gives the greater protection or benefit to the employee.
The federal law allows employers to exempt certain salaried occupations from the overtime provision. Under the Obama administration, the U. Do I have the burden of proving that my employer is wrong? As an employer, you've probably heard about exempt and non-exempt employees at least once. Is it really legal for a company to pay you a salary for unlimited and unspecified expected hours? The firm is hosing a Paid Sick Leave webinar on Nov. What is an Exempt Employee? Both Washington and federal labor laws require a minimum salary for exempt employees. More × Avvo Rating Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals.
May employers request verification for use of paid sick leave for absences less than three days? Under Washington law, outside sales personnel must meet more stringent requirements than federal law mandates. Further, employers may think that if an employee performs any exempt duty, however insignificant, they can be classified as exempt. 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. To qualify as a salaried employee, an employee must be paid a predetermined amount each pay period. Mechanical and technical trades, and trades that involve technical skills or craftsmanship generally do not qualify for exemption. Special Rules for Outside Sales Personnel Outside sales personnel may be exempt if they spend the majority of their time away from the business to make calls on clients.
For example, if an employee worked 60 hours, they would receive their regular rate of pay for 40 hours, plus an additional 20 hours at the overtime rate. Workers earning over the salary threshold would still need to meet the other criteria for exempt status to be placed on that category. Executives, administrators, professionals, computer employees and outside sales personnel must meet specific job duties to qualify as exempt from overtime. If no records were kept, then the employee is allowed to provide estimates as to all overtime hours that were worked. That's because all employees fall into one of these two categories.
Covered non-exempt employees must accrue paid sick leave at the rate of one hour of paid sick leave for every 40 hours worked. Employees who perform manual labor must receive overtime pay for all hours worked over 40 in a workweek, regardless of the level of skill the task requires. Although some local ordinances allow premium pay in lieu of leave, this is not permitted under the Washington paid sick leave law. If pay is received in a predetermined amount regardless of the quantity or quality of work and full salary is paid for a week in which any work is performed an employee is considered exempt. This test cannot be applied to nonmanagement employees. Executives must directly manage two or more full-time employees or an equivalent number of part-time employees. Angie Oney has over 10 years experience in food manufacturing, in the fields of operations management, continuous improvement and human resources.