DOL differentiates between
nonexempt and exempt employees.
* It is almost universal that mobile device habits bleed into work, particularly in the insurance industry which does not run on a 9:00 to 5:00 basis More and more, answering a quick email, text or phone call outside of the workplace by
nonexempt employees has blurred the lines of what is and what is not considered "compensable hours worked." Many employers are reluctant to face this thorny issue of work performed on electronic devices outside of employees' regularly scheduled shift hoping not to create a problem where one (seemingly) does not exist.
While it is true that in order to qualify for Medicaid, an applicant can have no more than $15,150 in countable (
nonexempt) resources in 2018, there are ways to either "spend down" or "transfer out" certain assets without incurring a disqualification period:
nonexempt This is a perennial favorite for employers of every size to get wrong.
During a weather-related closure,
nonexempt employees are not entitled to pay.
unless they are "exempt." Whether an employee is classified as exempt or
nonexempt is based on the FLSA's three-part test: 1) salary basis, 2) salary level and 3) job duties.
Businesses will need to 'run the numbers' to decide if it makes more sense to increase the salary to the new threshold to maintain exempt status versus changing the employee to
nonexempt. This requires a good understanding of actual hours worked, including time worked after hours answering emails/texts, working from home, etc."
The second option is to reclassify the employee as
nonexempt and pay them overtime when they work more than 40 hours in a workweek.
To make matters worse, the assets passing to G2 will be unshielded by GST exemption, i.e., the assets will be GST
nonexempt. Absent further planning, when the GST
nonexempt assets held in trust for G21 later pass to G2's children (G3), there will be a "taxable termination" for GST purposes.
When the final rule is implemented, employers will face a choice: 1) either raise the salaries of exempt employees to the new minimum amount, or 2) choose to treat those employees as
nonexempt and pay them overtime pay.