Podcasts about nonexempt

In Today's Sunday edition, I will discuss some risks that might expose you to liability and resulting judgments or liens (2) discuss some court cases that interprets some of the statutory exemptions and (3) provide a list of assets that are not exempt and (4) ponder about what Spider Man and the Bible say about those of us who have non-exempt property. To learn more about asset protection visit www.MarquardtLawFirm.com Attorney Todd Marquardt brings you insightful topics every Saturday morning, but he's not stopping there! Join Todd every Sunday afternoon at 4:30pm for a special bonus segment! He addresses trending and specific topics in more detail with a professional perspective. The mission of Talk Law Radio is to help you discover your legal issue blind spots by listening to me talk about the law on the radio. The state bar of Texas is the state agency that governs attorney law licenses. The State Bar wants attorneys to inform the public about the law but does not want us to attempt to solve your individual legal problems upon the basis of general information. Instead, contact an attorney like Todd A. Marquardt at Marquardt Law Firm, P.C. to discuss your specific facts and circumstances of your unique situation. Like & Subscribe! https://www.youtube.com/@talklawradio3421 Listen here! www.TalkLawRadio.com Work with Todd! https://marquardtlawfirm.com/ Join attorney Todd Marquardt every week for exciting law talk on Talk Law Radio!See omnystudio.com/listener for privacy information.

In Today's Sunday edition, I will discuss some risks that might expose you to liability and resulting judgments or liens (2) discuss some court cases that interprets some of the statutory exemptions and (3) provide a list of assets that are not exempt and (4) ponder about what Spider Man and the Bible say about those of us who have non-exempt property. To learn more about asset protection visit www.MarquardtLawFirm.com Attorney Todd Marquardt brings you insightful topics every Saturday morning, but he's not stopping there! Join Todd every Sunday afternoon at 4:30pm for a special bonus segment! He addresses unique topics in more detail with a professional perspective. www.TalkLawRadio.com So what are you waiting for? Discover your hidden legal blind spots by listening to all the impactful Talk Law content every weekend!See omnystudio.com/listener for privacy information.

In this episode of The Workplace podcast, CalChamber employment law experts Matthew Roberts and Ellen Savage discuss how to properly classify employees as either an exempt or nonexempt for wage and hour purposes — a top source of litigation between employees and employers.

You've probably heard these two terms—exempt and nonexempt—but do you know what the differences are? See how the specifics affect your job and pay.

Many workers are digitally connected to their workplace 24/7, which has created enormous potential for wage and hour violations. If an employer requires or allows employees to work, the employee must be paid for all of that time. This means that even if the employer did not ask the employee to work, the employer may still be required to compensate the employee, so long as (1) the employer knows or has reason to believe that the employee is continuing to work, and (2) the employer is benefiting from the work being done. This is true regardless of where the work is performed at. In this episode HR expert Jenni Stone shares steps an employer can take to protect itself. Thank you for listening to our podcast. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your question our next podcast! Follow HR Shield Online Here: YouTube: http://youtube.com/TheHRShield Instagram: http://instagram.com/HRShield Facebook: http://facebook.com/HRShield Twitter: http://twitter.com/HR_Shield Podcast: http://hrrescue.libsyn.com Website: http://HR-Shield.com Enable our Alexa Skill!!! About HR Shield Do you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don’t yet understand the value or can’t yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.

Communicating a change in status to an employee is a delicate matter. Such a change may impact significant areas of an employee's life, including compensation, work schedule, flexibility, work routine, job duties and self-esteem. It is important to communicate a change in exemption status face to face and to be clear, firm and diplomatic. In this episode HR expert Jenni Stone shares 11 steps that may be used to communicate a change in FLSA exemption status to an employee. Thank you for watching listening to this podcast. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your question our next episode! Follow HR Shield Online Here: YouTube: http://youtube.com/TheHRShield Instagram: http://instagram.com/HRShield Facebook: http://facebook.com/HRShield Twitter: http://twitter.com/HR_Shield Podcast: http://hrrescue.libsyn.com Website: http://HR-Shield.com   Enable our Alexa Skill!!! About HR Shield Do you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don’t yet understand the value or can’t yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.

The US Department of Labor (DOL) has proposed new regulations that would raise the minimum annual salary level for most employees exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) from $23,660 to $35,308. Employers should begin preparing to comply with the new regulations as soon as possible, as they will likely involve time-consuming and potentially costly changes. The DOL projects that the new regulations will take effect in January 2020. In this episode HR expert Jenni Stone reviews 5 tips to help prepare for any changes.  Thank you for listening to our podcast. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make it our next podcast! Follow HR Shield Online Here: YouTube: http://youtube.com/TheHRShield Instagram: http://instagram.com/HRShield Facebook: http://facebook.com/HRShield Twitter: http://twitter.com/HR_Shield Podcast: http://hrrescue.libsyn.com Website: http://HR-Shield.com   Enable our Alexa Skill!!! About HR Shield Do you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don’t yet understand the value or can’t yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.  

One topic that can generate ongoing confusion for business owners is the classification of an employee as exempt or non-exempt. This can be compounded by the fact that failure to comply with the Fair Labor Standards Act and applicable state and local laws and regulations by misclassifying an employee may result in costly penalties. Before addressing some misconceptions, make sure you understand key differences between these employee classifications. In this episode, HR expert Jenni Stone sheds some light on the types of classification. Thank you for listening to our podcast. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your question our next podcast! Follow HR Shield Online Here: YouTube: http://youtube.com/TheHRShield Instagram: http://instagram.com/HRShield Facebook: http://facebook.com/HRShield Twitter: http://twitter.com/HR_Shield Podcast: http://hrrescue.libsyn.com Website: http://HR-Shield.com   Enable our Alexa Skill!!!   About HR Shield Do you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don’t yet understand the value or can’t yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.

One of the questions I'm asked most often, "What is the difference between a Chapter 7, Chapter 13 and Chapter 11?" This week's episode answers that question. Chapter 7 is called liquidation. The Trustee will take any non-exempt assets, turn them into cash and pay off creditors. If all of your assets are exempt (protected) the creditors get $0.00. Chapter 13 is called reorganization. The Trustee will pay your creditors based on any disposable income you have (or based on the value of any non-exempt assets, whichever is greater). Chapter 11 is also a reorganization, but it is for businesses that want to reorganize, OR it is for individuals that don't qualify for Chapter 7 (because they have income or they have non-exempt assets), OR it is for individuals that don't qualify for Chapter 13 because they have too much debt (there is a limit to the amount of secured and unsecured debt you can have in a Chapter 13). The main point of today's episode is to consult with a bankruptcy attorney in your area if bankruptcy might be an option. If you want me to help connect you to a bankruptcy attorney in your area, please contact me at www.yesnerlaw.com or shawn@yesnerlaw.com. 

The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex. As opposed to exempt employees, who generally receive a salary intended to compensate them for all working time, including tie spent in business-related travel, non-exempt employees are often only paid for the particular hours that the law deems compensable. In this episode as HR expert Jenni Stone shares 5 basic rules to calculating employee pay for travel time. 

Payroll mistakes can occur in any type of business, large or small, and the results may be costly and sometimes against the law, such as in the case of IRS violations.  In this segment our HR expert Jenni Stone shares some of the most common payroll mistakes to avoid. 

Question: What does “discretion and independent judgment” mean when applying the duties tests? Answer: The Department of Labor defines the use of discretion and independent judgment as more than the use of skill in applying well-established techniques, procedures, or specific standards described in manuals or other sources. The use of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision. However, discretion and independent judgment can be used even if the decision or recommendation is reviewed by higher authority in the organization. Discretion and independent judgment does not require that the decisions being made have to be final or free from review. The fact that one’s decisions may be subject to review and that upon occasion the decisions are revised or reversed after review does not mean that one is not using discretion and independent judgment. The phrase “discretion and independent judgment” must be applied in the light of all the facts involved in the particular situation in which the question arises. Factors include, but are not limited to: Whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; Whether the employee carries out major assignments in conducting the operations of the business; Whether the employee performs work that affects business operations to a substantial degree, even if the employee’s assignments are related to operation of a particular segment of the business; Whether the employee has authority to commit the employer in matters that have significant financial impact; Whether the employee has authority to waive or deviate from established policies and procedures without prior approval; Whether the employee has authority to negotiate and bind the company on significant matters; Whether the employee provides consultation or expert advice to management; Whether the employee is involved in planning long- or short-term business objectives; Whether the employee investigates and resolves matters of significance on behalf of management; and Whether the employee represents the company in handling complaints, arbitrating disputes or resolving grievances. Discretion and independent judgment does not include: Applying well-established techniques, procedures, or specific standards described in manuals or other sources; Clerical or secretarial work; Recording or tabulating data; or Performing mechanical, repetitive, recurrent, or routine work. Question: If two or more employees work the same job duties that meet the administrative exemption job duties test, but earn different rates of pay, can some of them be classified as exempt and others classified as nonexempt? Answer: Yes. The “white collar” exemption requires an employee to be paid on a salary basis that is at least the minimum salary threshold ($913 per week) and meets the job duties test. If the employee meets these requirements, the employee may be classified as exempt. If the employee fails to meet any part of the criteria, the employee would not meet the exemption status and must be classified as nonexempt. The exemption is applied on an employee by employee basis, not by a particular job class or department.   Question: What are the penalties if an employer misclassifies an employee? Answer: There is no fixed dollar amount for penalty for misclassification. However, the financial burden may be costly to employers. Costs will include back pay plus interest (up to three years); liquidated damages equal to the amount of unpaid wages and more in some states; attorney’s fees and court costs; and willful violation penalties — up to $10k in fines and up to six months in prison. Question: Can we pay our nonexempt employees a salary? Answer: Yes. Nonexempt employees

Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn't true. If an employee is subject to the Fair Labor Standards Act (FLSA), that employee must be paid time and a half for any time worked over forty hours in a seven-day work week. While some church employees may not be subject to FLSA, for those employees who do, it's important to comply and pay overtime. For exempt employees and employees who are not subject to FLSA, these questions are likely decided by state law. See the notes below for resources on determining which employees are subject to FLSA and how to deal with comp time with exempt employees. For more about overtime requirements, check out these episodes: The basics of overtime rules—with Shelley M. Jackson and Pastor John Hickey (January 3, 2017) Which employees are covered by overtime rules?—with Shelley M. Jackson and Pastor John Hickey (January 10, 2017) Does the FLSA apply to our church?—with Shelley M. Jackson and Pastor John Hickey (January 17, 2017) For more reading material, check these out: Stop using comp time in place of overtime! Here’s a helpful blog post going into more details about FLSA and compensatory time: http://www.wagehourinsights.com/2015/07/can-employers-offer-compensatory-time-to-exempt-employees-wage-hour-faq/   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Do you know which positions qualify as exempt from overtime? The Fair Labor Standards Act, or FLSA, is the body of law that establishes The minimum wage Overtime pay Recordkeeping Child labor standards Exempt and nonexempt refers to which employees you are required to pay overtime wages to. You have to pay overtime to a…