Archive for the ‘Exempt/Nonexempt’ Category

Car Dealership Service Advisors Are Exempt From Federal Overtime Laws

Yesterday, the United States Supreme Court held that service advisors at car dealerships are exempt from the Fair Labor Standards Act (FLSA) overtime pay requirement under an exemption for any “salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles …” (Encino Motorcars, LLC v. Navarro, No. 16-1632 (April 2, 2018)). Auto service advisors […]

3 Apr 18 - Exempt/Nonexempt - Gail Cecchettini Whaley - No CommentsRead More »

CalChamber-Opposed Bill Accelerates Salary Threshold for Exempt Employees

A California Chamber of Commerce-opposed bill that accelerates the minimum salary threshold for exempt employees is awaiting action on the Senate Floor. CalChamber is opposed to AB 1565 (Thurmond; D-Richmond) because if passed into law, it will significantly increase costs, especially on small employers who currently have a delayed increase under the minimum wage scheduled increases. Imposes a […]

23 Aug 17 - Exempt/Nonexempt - HRWatchdog - No CommentsRead More »

Corrected: New 2017 Exempt Classification Rates

California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician or surgeon exemption. The new rates take effect January 1, 2017. DIR released initial rates on October 5 but later corrected these rates after the U.S. Department of Labor, Bureau of Labor Statistics released a revision […]

30 Nov 16 - Exempt/Nonexempt - Gail Cecchettini Whaley - No CommentsRead More »

Webinar on the High Price of Misclassifying Exempt Employees

Misclassifying nonexempt employees as exempt from overtime is one of the most common and costly class-action lawsuits against employers. Also consider the California Labor Commissioner’s increased wage-and-hour enforcement efforts — a top priority these days. Clearly understanding the distinction between exempt and nonexempt employees becomes particularly complex for California employers as the state’s exemption requirements […]

6 Apr 16 - Exempt/Nonexempt - HRWatchdog - No CommentsRead More »

DOL Taking Interest in Smartphones and Off-the-Clock Work

In this era of smartphones and tablets, remote work creates off-the-clock liability issues. There is no longer a clear line in the sand signifying the end of a work day. Litigation has increased from nonexempt employees claiming that they were using their smartphones or other devices to do off-the-clock work after hours. If nonexempt employees […]

28 May 15 - Exempt/Nonexempt, Workplace Policies - Gail Cecchettini Whaley - No CommentsRead More »