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  1. #11
    Join Date
    Oct 2006
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    16,276

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting joeblow
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    It's just a fun day, no team building, education, etc.

    Good to know about the travel distinction, wasn't aware of that. Thanks.
    Ok, then I want you to think about something. Not many employers would just schedule a day for fun for their employees, during office hours where the employee would actually get paid to have fun. The fact that you have an employer who is willing to do that is something really special.

    Imagine how offended you might be if you did something that generous for your employees, AND made sure they still got paid for the day, and then found out that they expected overtime if the event took more than the normal working hours. Would you want to schedule something fun like that for them again? Would you have the same attitude towards those employees again?

    Bottom line, your employer is paying for the cost of the fun, and still paying your wages. While there might be some technicality that requires them to pay you overtime since attendance at the event is required, you might want to consider whether or not insisting on the overtime is a wise move, politically.

  2. #12
    Join Date
    Nov 2013
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    6,942

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting joeblow
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    . The question is in regards to salaried non-exempt employees.
    I don't know how your question can be answered without knowing why you are classified salaried nonexempt. Are you in an executive, administrative, or professional position where you work? Do you earn more than $47,476 per year? Has your employer ever paid you overtime in the past?

    https://www.ecfr.gov/cgi-bin/text-id...e29.3.541_1100

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,443

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting llworking
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    Ok, then I want you to think about something. Not many employers would just schedule a day for fun for their employees, during office hours where the employee would actually get paid to have fun. The fact that you have an employer who is willing to do that is something really special.

    Imagine how offended you might be if you did something that generous for your employees, AND made sure they still got paid for the day, and then found out that they expected overtime if the event took more than the normal working hours. Would you want to schedule something fun like that for them again? Would you have the same attitude towards those employees again?

    Bottom line, your employer is paying for the cost of the fun, and still paying your wages. While there might be some technicality that requires them to pay you overtime since attendance at the event is required, you might want to consider whether or not insisting on the overtime is a wise move, politically.
    I had the impression that this was the employer, looking to determine his responsibilities.

  4. #14
    Join Date
    Oct 2016
    Posts
    4,126

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting budwad
    View Post
    I don't know how your question can be answered without knowing why you are classified salaried nonexempt. Are you in an executive, administrative, or professional position where you work? Do you earn more than $47,476 per year? Has your employer ever paid you overtime in the past?

    https://www.ecfr.gov/cgi-bin/text-id...e29.3.541_1100
    It really doesn't matter WHY the employees are classified as nonexempt. They are and they can't be changed back and forth on a weekly basis.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting llworking
    View Post
    Ok, then I want you to think about something. Not many employers would just schedule a day for fun for their employees, during office hours where the employee would actually get paid to have fun. The fact that you have an employer who is willing to do that is something really special.

    Imagine how offended you might be if you did something that generous for your employees, AND made sure they still got paid for the day, and then found out that they expected overtime if the event took more than the normal working hours. Would you want to schedule something fun like that for them again? Would you have the same attitude towards those employees again?

    Bottom line, your employer is paying for the cost of the fun, and still paying your wages. While there might be some technicality that requires them to pay you overtime since attendance at the event is required, you might want to consider whether or not insisting on the overtime is a wise move, politically.
    From past threads it’s pretty clear this is the employer

    but also, an employee cannot waive their rights to overtime pay. An employer should comply with the law obligating overtime even if an employee turns it down. That same employee can file a wage complaint later on and receive the overtime pay. The op appears to be making all efforts to comply with the laws and should be complemented for doing so.

    For those employers that may have issues with paying overtime when due, even if the day was a fun event, they simply shouldn’t mandate employees attend the fun event. If an employee is mandated to attend, it is a work event regardless what the employer wants to call it. Ones attitudes and actions must comport with the employers rules during these fun events because, bottom line, they are work events.,


    if the employer wants to sponsor a fun event, they are welcome to do so. Many employers do. If the employer wishes to tie some bonus to attending the event, they can do that as well but the more work related the event becomes, the more like work it becomes.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,942

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting PayrolGuy
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    It really doesn't matter WHY the employees are classified as nonexempt. They are and they can't be changed back and forth on a weekly basis.
    Who said anything about changing back and forth on a weekly basis? A salaried nonexempt employee fits into a very specific category defined by the US code. It would not be uncommon for an employer to miscategorize such an employee just like they misclassify employees as ICs.

    Of course it matters why the OP is classified as salaried but nonexempt. Most salaried employees are exempt.

  7. #17
    Join Date
    Oct 2016
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    4,126

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting budwad
    View Post
    Who said anything about changing back and forth on a weekly basis? A salaried nonexempt employee fits into a very specific category defined by the US code. It would not be uncommon for an employer to miscategorize such an employee just like they misclassify employees as ICs.

    Of course it matters why the OP is classified as salaried but nonexempt. Most salaried employees are exempt.

    Not really a salaried non-exempt employee is nothing special. The salaried part is just a payment method selected and there is no test to be classified as one. It is with exempt employees that hoops have to be jumped through for. A $7.25/hour ditch digger working 5 hours a month can be salaried non-exempt.

  8. #18
    Join Date
    Oct 2006
    Posts
    16,276

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting cbg
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    I had the impression that this was the employer, looking to determine his responsibilities.
    I did not take it that way myself, but in re-reading I see that it could be interpreted either way. If its the employer posting then my advice was unneeded. If its a middle manager posting then I would advise him to talk to the higher ups in the company.

  9. #19
    Join Date
    Nov 2013
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    Default Re: Hours/Ot Paid for Offsite Event

    I suggest that you read the law about what a salaried but nonexempt employee is. If they make more than $47,476 and salaried, or they are EAP employees, they are not nonexempt and are not entitled to overtime..

  10. #20
    Join Date
    Oct 2016
    Posts
    4,126

    Default Re: Hours/Ot Paid for Offsite Event

    Please feel free to provide a link to the law you speak of.

    What do you think the "non-exempt" part applies to?

    The $47,476 applies to the minimum Salary an exempt EE mus earn. But no it actually doesn't because that amount was struck down by the courts during the Obama administration.

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