To qualify as “exempt,” an employee must meet all three of the following criteria:

• Exempt employees are compensated with a fixed salary instead of an hourly wage. This implies that the employer remunerates the employee for any week in which they engage in work, without consideration for the quality or quantity of the work performed.
• At the federal level, exempt employees are required to have a minimum weekly salary of $684 or an annual income of $35,568. Certain states may establish higher thresholds.
• Exempt employees must perform job duties falling within categories defined by the FLSA, such as executive, administrative, or professional roles. The exemptions also encompass computer employees and individuals engaged in outside sales.

Exempt employees, excluded from coverage by the FLSA, do not have legal entitlement to overtime pay. In practice, compensation for their overtime work is expected to be included in their salary or supplemented by other benefits offered by the employer. There are no specific provisions in salaried employee overtime law safeguarding them from extended working hours. If exempt employees consistently work overtime, they must engage in negotiations with their employer for an increased salary, compensatory time off, or a more manageable workload.

To ensure compliance with salaried employee overtime laws, employers need to familiarize themselves with both federal and local regulations. It is crucial to accurately track the hours worked by all employees, whether exempt or nonexempt. Failure to do so may lead to claims of mistakenly categorizing nonexempt employees as exempt and neglecting to identify, record, and compensate for “off-the-clock” hours, such as tasks performed at home or during lunch breaks. Employers may also be liable for including “wage augments” when calculating an employee’s overtime rate.

For non-exempt employees, they must be paid at least the minimum wage and are entitled to overtime pay if they work beyond 40 hours in a workweek, typically at a rate of 1.5 times their regular pay. Employers should also consult state labor laws in the relevant jurisdiction for additional requirements. Employees are generally considered non-exempt unless they qualify for an exemption under federal or state law.

Both employers and employees should refer to federal and state regulations to determine exemption status. Before classifying and treating any employee as exempt, employers should ensure that the employee satisfies all relevant tests for overtime exemption under both federal and state laws. In situations where an employee is subject to both federal and state law but doesn’t meet the criteria for both, employers should seek legal counsel to determine the appropriate classification for that particular circumstance.

To qualify as “exempt,” an employee must meet the following three criteria:

• Exempt employees are remunerated with a fixed salary, not an hourly wage. This means the employer compensates the employee for any week in which they perform work, irrespective of the quality or quantity of the tasks.

• At the federal level, exempt employees must earn a minimum of $684 per week or $35,568 annually. Some states may impose higher thresholds.

• The nature of an exempt employee’s work must align with categories outlined by the Fair Labor Standards Act (FLSA), including executive, administrative, or professional duties. The FLSA also provides exemptions for computer employees and those engaged in outside sales.

Exempt employees are not covered by the FLSA, hence not legally entitled to overtime pay. Ideally, compensation for their overtime work is expected to be included in their salary or supplemented by other benefits offered by the employer. Salaried employee overtime law lacks specific provisions protecting these employees from extended work hours. If exempt employees regularly work overtime, negotiation with the employer for a higher salary, compensatory time off, or a more reasonable workload is advisable.

To ensure compliance with salaried employee overtime laws, employers must familiarize themselves with both federal and local regulations. Rigorous tracking of employee hours, whether exempt or nonexempt, is essential. Failure to do so may result in claims of mistakenly categorizing nonexempt employees as exempt and failing to identify, record, and compensate for “off-the-clock” hours (e.g., taking work home, working through lunch). Employers may also be liable to include “wage augments” when calculating an employee’s overtime rate.

For non-exempt employees, payment must meet at least the minimum wage, with overtime pay mandated if they work beyond 40 hours in a workweek, typically at a rate of 1.5 times their regular pay. Employers should consult state labor laws for additional requirements in the state where the employee works. Employees are generally considered non-exempt unless they meet an exemption under federal or state law.

Employers and employees should consult federal and state regulations to determine exemption status. Before classifying and treating any employee as exempt, employers should ensure the employee satisfies all relevant tests for overtime exemption under both federal and state laws. If an employee is subject to both federal and state law but doesn’t meet both sets of tests, consultation with legal counsel is advisable for appropriate classification in that specific circumstance.

While there is no specific legal provision governing a formal “trial period,” certain employers opt to establish internal policies for business purposes. These policies are commonly known as “introductory periods” or “probationary periods,” typically involving a formal performance evaluation after an initial specified period of employment, often around 90 days.

Federal regulations oversee wages, working hours, and overtime compensation for non-exempt employees. Nevertheless, individuals holding executive, administrative, or professional positions are exempt, along with outside sales employees, specific skilled computer professionals, and employees in certain seasonal amusement and recreational businesses.

According to federal law, non-exempt employees typically must receive 1.5 times their regular rate of pay for any hours worked beyond 40 hours per week. However, certain categories of employees, such as those in executive, administrative, and professional roles, may be exempt from the overtime pay requirement if specific criteria are met. States and localities may have additional regulations concerning overtime pay, potentially mandating overtime compensation for surpassing a daily hour threshold. In certain cases, these regulations may stipulate an overtime rate of two times the regular rate of pay.

The FLSA does not provide detailed guidelines on the specific methods for collecting and managing data or the necessity of using a time and attendance app. However, it emphasizes the requirement to maintain records of working hours for hourly, non-exempt employees, as well as both exempt and non-exempt salaried employees.

The Occupational Safety and Health Administration (OSHA) is tasked with safeguarding worker health and safety in the United States. Employers are obligated to furnish a secure and healthy workplace, free from recognized hazards that could cause death or serious physical harm. Employers must address known workplace hazards, limit workers’ exposure to hazardous chemicals, implement safe practices and equipment, monitor hazards, and maintain records of workplace injuries and illnesses. In the context of the COVID-19 pandemic, the U.S. Center for Disease Control (CDC) has issued comprehensive guidance, providing detailed instructions for cleaning and disinfecting various settings, including public spaces, workplaces, businesses, schools, and homes.

For situations involving home offices where employees engage in office work activities (such as filing, computer research or work, reading, writing, etc.), employers bear minimal responsibility. OSHA, in fact, has stated that it will not conduct inspections of employees’ home offices, will not hold employers liable, and does not expect employers to inspect an employee’s home office.

Moreover, employers subject to record-keeping requirements under the Occupational Safety and Health Act (OSH Act) must continue to maintain records even if an injury or illness occurs in an employee’s home. However, for such an injury to be considered “work-related,” it must 1) happen while the employee is being compensated for work and 2) be directly linked to the performance of the employee’s work duties, rather than the general home environment.

In the United States, bonuses and 13th-month pay are not obligatory. A bonus is an additional payment beyond an employee’s regular earnings. According to the Fair Labor Standards Act (FLSA), all compensation for hours worked, services rendered, or performance is encompassed in the regular rate of pay. However, the FLSA delineates certain payments, including specific bonuses, that may be excluded from the regular rate of pay. Unless expressly stated, payments excluded from the regular rate cannot be applied towards overtime compensation.

Discretionary Bonuses:

A bonus is deemed discretionary only if it satisfies all statutory requirements: a) The employer retains sole discretion, until at or near the bonus’s corresponding period end, to decide whether to pay it. b) The employer has sole discretion in determining the bonus amount, and c) the bonus payment is not bound by any prior contract, agreement, or promise that would lead an employee to expect regular payments.

Nondiscretionary Bonuses:

A nondiscretionary bonus is any bonus payment that does not meet the statutory criteria for a discretionary bonus. Nondiscretionary bonuses are to be factored into the regular rate of pay, unless they qualify for exclusion under a separate statutory provision.

Grounds

In general, employees working under an “at-will” arrangement can be dismissed—whether or not there is a specific cause or justification—provided the termination is not based on illegal grounds. An illegal reason would include discrimination based on a legally protected category or termination due to protected “whistleblowing” activity. Whistleblowing involves reporting certain activities where the employee reasonably believes the provided information relates to potential violations of specific laws by the employer. While no specific cause is required for terminating at-will employment, it is advisable to have a valid reason when letting go of an employee. If the cause is not disclosed (and there is no legal requirement to do so), the former employee may contemplate legal action, asserting that (a) the employer failed to provide a valid reason for the termination and (b) the termination was carried out for an impermissible reason, such as discrimination.

Employer’s Notice:

With the exception of specific mass dismissals, U.S. law does not mandate a formal “notice period” for terminating individual employment relationships. The majority of U.S. employees work under an “at-will” arrangement, allowing either party to terminate the employment without notice. However, the common practice is to offer at least two weeks of base pay and continuation of medical benefits in lieu of notice. Employers typically establish an appropriate notice period and maintain consistency in its application for subsequent terminations.

Employee’s Notice:

Likewise, employees are not obligated to provide a formal notice period, as there is no legally mandated minimum length. However, the customary practice is for employees to provide at least a two-week notice.

Payment in Lieu:

Payment in lieu of notice is permissible when the employer opts for a notice period. “Garden leave,” a period during which an departing employee receives salary but is not allowed to work, is not a widely recognized concept in the U.S. Due to its limited prevalence, federal and state laws concerning garden leave are nominal, with each situation evaluated independently. Unlike in many other countries, an extended garden leave (beyond a duration reasonable for a normal transition) should not be assumed valid in the U.S. unless it satisfies restrictive covenant requirements.

Numerous employers opt for separation agreements, offering extra compensation and benefits to departing employees in return for their agreement to relinquish any claims associated with their employment or termination, as well as a commitment not to pursue legal action against the employer for any reason. Such agreements are widespread in the U.S. and can take various forms, being highly adaptable and tailored to each employer’s specific circumstances. Additionally, employers may implement a severance payment plan, typically formulated well in advance of any termination, and generally applicable to all terminations initiated by the employer, albeit with potential exceptions.

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Collective bargaining agreements exhibit considerable variability, typically offering distinct termination safeguards that go beyond standard discrimination or public policy prohibitions. The termination procedure is frequently prolonged and susceptible to arbitration or claims of unfair labor practices, typically instigated by the union on behalf of the member if procedural steps are not meticulously adhered to. Unions are prone to contest terminations based on substantive grounds as well, necessitating heightened diligence from employers in the selection of a member for termination.

An earnings statement, commonly referred to as a pay stub, must be issued no later than the day of the corresponding salary payment. The details presented on the pay stub can differ, as states impose specific criteria for the information that must be disclosed to employees during each pay period. This generally encompasses regular hours, regular pay, overtime hours, and corresponding overtime pay.

Federal law does not mandate paid time off for annual leave or vacation time. However, there is an exception for employers with fewer than 500 employees in cases related to COVID-19 absences. In reality, many employers choose to offer paid vacation time, typically ranging from one week per year for newer employees to three weeks or more for those with longer service. Union-represented employees may enjoy more generous vacation allowances.

The Federal Family and Medical Leave Act (FMLA) grants eligible employees working for covered employers (those with fifty (50) or more employees within a seventy-five (75) mile radius) the right to take unpaid, job-protected leave for specific family and medical reasons. During such leave, group health insurance coverage will continue under the same terms and conditions as if the employee had not taken any time off. Under FMLA provisions, employees may be eligible for up to 12 weeks of unpaid medical leave within a 12-month period due to a serious health condition that hinders their ability to perform job functions. While there is no nationwide law guaranteeing paid sick leave, numerous states, counties, and cities require employers operating within their jurisdictions to provide paid sick leave.

The Fair Labor Standards Act (FLSA) does not have a designated requirement for paid bereavement leave. Nevertheless, the Family and Medical Leave Act (FMLA) permits employees to take a maximum of 12 weeks of unpaid leave for family-related reasons. Recognizing the emotional sensitivity of such situations, many organizations are typically accommodating and may grant unpaid time off to employees.

Employers subject to the Family and Medical Leave Act (FMLA) must offer 12 weeks of unpaid leave within a 12-month period for the birth or placement of a child if they have 50 or more employees within a 75-mile radius. For those not covered by the FMLA, certain state laws may offer maternity leave. Furthermore, several U.S. states have implemented provisions for partial pay during parental leave. Overall, there appears to be a growing inclination towards the adoption of state-level family leave laws.

While the U.S. government acknowledges various “national holidays,” the Fair Labor Standards Act (FLSA) does not mandate compensation for non-working time, including holidays (whether federal or otherwise). The provision of such benefits usually depends on an agreement between the employer and the employee (or their representative). Nevertheless, it is common practice for employers to offer paid time off to allow employees to observe both nationally and locally recognized holidays.