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Thread: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

  1. #121
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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    true



    This is incorrect. All salaried employees are not exempt.

    In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
    http://www.dol.gov/whd/regs/complian...a_overview.htm

    There are additional requirements that must be met it is not as simple as you appear to be saying here.
    He keeps ignoring the "all the requirements" part. Even worse, he's arguing that when a worker receives OT for working more than 40 hours, it means they're not receiving a salary, even if they are.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
    http://www.dol.gov/whd/regs/complian...a_overview.htm

    There are additional requirements that must be met it is not as simple as you appear to be saying here.
    Right, you are exactly correct. And if they do not meet those requirements, are they salaried? No. They are hourly employees and will be eligible for such things as OT. People that are salaried are not eligible for OT and agrees to a salary for a timeframe (typically a year).

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    I can't speak for you, but I consider the DOL a more credible authority on the law than some website, not to mention that "sometimes referred to" does not mean "is"
    Actually that website completely agrees with the DOL. As for the "sometimes" part, I guess if you don't take the entire statement in context you are correct. But, it clearly states that the those referenced first (the "exempt employees" sometimes referred to as "salaried employees") are exempt from the law and are therefore hourly employees.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Right, you are exactly correct. And if they do not meet those requirements, are they salaried? No. They are hourly employees and will be eligible for such things as OT. People that are salaried are not eligible for OT and agrees to a salary for a timeframe (typically a year).
    http://www.dol.gov/whd/regs/complian...17g_salary.pdf

    Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation
    each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of
    variations in the quality or quantity of the employee’s work.
    If someone receives OT, there is nothing in the DOL's definition that makes them not be salaried.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  5. #125
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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Actually that website completely agrees with the DOL. As for the "sometimes" part, I guess if you don't take the entire statement in context you are correct. But, it clearly states that the those referenced first (the "exempt employees" sometimes referred to as "salaried employees") are exempt from the law and are therefore hourly employees.
    Wrong again. I can't believe you're actually arguing that people who receive a salary are not salaried employees.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    http://www.dol.gov/whd/regs/complian...17g_salary.pdf



    If someone receives OT, there is nothing in the DOL's definition that makes them not be salaried.
    Right, they receive a predetermined salary each week - again. OT is not part of a predetermined salary. Despite your unsubstantiated claims.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    Wrong again. I can't believe you're actually arguing that people who receive a salary are not salaried employees.
    If they do not meet the requirements of the law, they are hourly employees. Sure, they get paid. Sure you can call their wage a salary if you would like, but they are not salaried by definition. They are hourly employees.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Right, they receive a predetermined salary each week - again. OT is not part of a predetermined salary. Despite your unsubstantiated claims.
    Yes, they receive a predetermined amount each week, so they are salaried.

    The definition I just posted does not say they can't receive additional money. It doesn't say they have to receive the same amount each week. It only says the amount can't be decreased.

    http://www.dol.gov/whd/regs/complian...17g_salary.pdf
    Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation
    each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of
    variations in the quality or quantity of the employee’s work
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    If they do not meet the requirements of the law, they are hourly employees. Sure, they get paid. Sure you can call their wage a salary if you would like, but they are not salaried by definition. They are hourly employees.
    There are no salary requirements. Just a definition of salary and the definition includes non-exempt employees.

    They are hourly employees.
    Really? Hourly, you say?

    So what happens when the person with a $400/wk salary only works 30 hours in one week?
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    ...........
    And if they do not meet those requirements, are they salaried? No.
    This makes no sense. What do you think it means to be salaried? A salaried employee is simply someone who has a set annual earnings as opposed to an hourly wage. The FLSA has nothing to do with determining whether or not an employee is salaried.

    People that are salaried are not eligible for OT and agrees to a salary for a timeframe (typically a year).
    This is inaccurate. People who are salaried are eligible for OT if they are non-exempt because your specific job duties may disqualify you for exempt status despite the fact that you are salaried.
    "Judge a man by his questions rather than his answers" - Voltaire
    "There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway

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