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Thread: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    Nonsense. If the boss wants their non-exempt employees to be present during specified hours then they have to be there. Exempt status has nothing to do with flexible hours. The reason why some people have more flexible hours than others is because their boss allows it. Bosses can give non-exempt employees just as much flexibility as they give exempt ones, if they so choose.



    Correct, which goes to my point that there is no added flexibility associated with being exempt or non-exempt.
    I agree.

    I once worked for a Semiconductor manufacturing company. They let us work the hours we wanted assembling and testing equipment as long as the work got done. It was the best job I ever had. On occasion, they required up to be there for certain hours, but we generally just set our own hours.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by iguanaman View Post
    Are you offering to find a new job for those that are being abused? Otherwise STFU
    Abused?

    They go into it knowing the package. It was their choice to take the job.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by Lord of Planar View Post
    Abused?

    They go into it knowing the package. It was their choice to take the job.
    Or starve....

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    If you are salaried, you are defiend as exempt. To qualify as an exempt employee, you have to be salaried. It's the first bullet point below:
    First of all, your own quote (with no link?) contradicts your claim that all salaried employees are exempt. That why they say "may be classified as exempt if they meet the following criteria: " and not "are always classified as exempt if they meet the following criteria: "

    Furthermore, there are additional requirements in order to be considered exempt.
    http://www.dol.gov/whd/regs/complian...a_overview.pdf

    Executive Exemption
    To qualify for the executive employee exemption, all of the following tests must be met:
    • The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less
    than $455 per week;
    • The employee’s primary duty must be managing the enterprise, or managing a customarily recognized
    department or subdivision of the enterprise;
    • The employee must customarily and regularly direct the work of at least two or more other full-time
    employees or their equivalent; and
    • The employee must have the authority to hire or fire other employees, or the employee’s suggestions
    and recommendations as to the hiring, firing, advancement, promotion or any other change of status of
    other employees must be given particular weight.
    Administrative Exemptions
    To qualify for the administrative employee exemption, all of the following tests must be met:
    • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not
    less than $455 per week;
    • The employee’s primary duty must be the performance of office or non-manual work directly related to
    the management or general business operations of the employer or the employer’s customers; and
    • The employee’s primary duty includes the exercise of discretion and independent judgment with respect
    to matters of significance.

    Professional Exemption
    To qualify for the learned professional employee exemption, all of the following tests must be met:
    • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not
    less than $455 per week;
    • The employee’s primary duty must be the performance of work requiring advanced knowledge, defined
    as work which is predominantly intellectual in character and which includes work requiring the
    consistent exercise of discretion and judgment;
    • The advanced knowledge must be in a field of science or learning; and
    • The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual
    instruction.
    To qualify for the creative professional employee exemption, all of the following tests must be met:
    • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not
    less than $455 per week;
    • The employee’s primary duty must be the performance of work requiring invention, imagination,
    originality or talent in a recognized field of artistic or creative endeavo
    The link goes on to describe a number of other categories of exemptions. It is not nearly as simple as you claim
    Last edited by sangha; 03-12-14 at 03:34 PM.
    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
    Nonsense. If the boss wants their non-exempt employees to be present during specified hours then they have to be there. Exempt status has nothing to do with flexible hours.
    Of course, but that hardly changes the fact that most exempt employees have far more flexability than non-exempt.

    There are many links that will disuss this, and here is simply one of them:

    What Are the Benefits of Being Exempt Vs. Non-Exempt? | Chron.com

    Exempt Benefits: Flexibility
    Because exempt employees are compensated for the jobs they do and not the time it takes them, they often have a more flexible work environment than non-exempt employees. Employers are often more interested that these workers complete their jobs than the time it takes them to do those jobs, so employers may be less concerned if workers take longer lunch breaks, come in late or work in areas other than the office.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by iguanaman View Post
    Or starve....
    I see.

    The good 'ol entitlement mentality.

    If that's the best job someone can get.

    Sorry, but I'm not that moved...

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Of course, but that hardly changes the fact that most exempt employees have far more flexability than non-exempt.

    There are many links that will disuss this, and here is simply one of them:

    What Are the Benefits of Being Exempt Vs. Non-Exempt? | Chron.com
    I've seen no credible evidence that the exempt have more flexibility than the non-exempt. I don't consider your source to be credible
    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
    First of all, your own quote (with no link?) contradicts your claim that all salaried employees are exempt.

    <snip>
    Regardless, there is some truth to underhanded upper management. On employer I worked for paid their salaried employees for the extra hours worked, but only under authorized conditions. I once asked on of the supervisors why they weren't claiming overtime. They were working 10-12 hr days without extra pay. They said if they claimed too much overtime, that they were afraid the company would replace them with someone who wouldn't claim it.

    Still, I maintain my position that people going into these jobs know the score.

  9. #59
    Why so serious?

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by iguanaman View Post
    What does that have to do with this? You are not everybody.
    It's called "discussing the topic". Give it a try!
    "I believe in a Spinoza's God who reveals himself in the harmony of all that exists, but not in a God who concerns himself with the fate and actions of human beings."

    --Albert Einstein, 1929

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    First of all, your own quote (with no link?) contradicts your claim that all salaried employees are exempt. That why they say "may be classified as exempt if they meet the following criteria: " and not "are always classified as exempt if they meet the following criteria: "

    Furthermore, there are additional requirements in order to be considered exempt.
    http://www.dol.gov/whd/regs/complian...a_overview.pdf



    The link goes on to describe a number of other categories of exemptions. It is not nearly as simple as you claim
    Right.. and if they are not meeting those requirements..> What are they again? Oh, that's right. Hourly. Geeze man. You can't pay a salaried individual OT, as that would clearly make them hourly emplyoees

    What is Exempt - What is an Exempt Employee - Exempt Employee Definition

    An exempt employee is considered to be exempt from overtime. Only certain types of employees are exempt: managerial, supervisory, and professional employees. Exempt employees are salaried; that is, they are paid annually. They do not have to be paid overtime, like hourly employees.

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