Exempt or Non-Exempt?
One of the ways to classify an employee as “exempt” (meaning exempt from overtime payments) is to classify the employee’s job as one in which the “primary duty consists of the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study.”
In November of this year, the 2nd circuit court reaffirmed that this exemption is available only to those jobs that require specific education and degree.
This is huge. Surveys show that many small businesses inappropriately classify positions as exempt or non-exempt in order to avoid paying overtime when employees work more than forty hours per week. In fact, one business owner once told me that it “is my business and I can do as I please.”
Not so much. I’ve seen these audits that make the Inquisition look like a round of “Wheel of Fortune”, and believe me when I say that they are anything but fun. And they cost a lot. Always.
Please: be sure your employees are properly categorized as “exempt” or “non-exempt”. And while we’re on the subject, inappropriately paying people as “consultants” on a 1099 will anger the IRS, and I know you want to stay on their good side. Make sure the “consultant” meets the IRS standards, or the money you save now might be paid out later one hundred fold.
As always, contact me for more information: 973-256-3757 or via email at ed@FullSpectrumHR.com.
December 10th, 2009 at 9:12 pm
You need think about it. Despite the emails, the overwhelming evidence showing global warming is happening hasn’t changed.
“The e-mails do nothing to undermine the very strong scientific consensus . . . that tells us the Earth is warming, that warming is largely a result of human activity,” Jane Lubchenco, who heads the National Oceanic and Atmospheric Administration, told a House committee. She said that the e-mails don’t cover data from NOAA and NASA, whose independent climate records show dramatic warming.
December 18th, 2009 at 7:47 pm
What you think about news - GOPers Hold ‘Prayercast’ to Ask God to Stop Health Reform ?
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