Frequently Asked Questions

HR Management

Just what IS the difference between exempt and non  exempt and what does exempt mean?
Exempt means  exempt from overtime pay.  An  exempt position must qualify as exempt under the  Fair Labor Standards Act duties tests.  If the position does not  qualify as exempt under those rules, employees working in that position  are eligible for overtime  pay.

Do I have to let  someone work the 2 weeks notice they just gave me or can I go ahead and let  them go?
Not unless you live in a state that requires it by  state law, or you have a union contract that requires you let them work  their 2 weeks notice.

Am I required by law  to give employees breaks or lunch hours?
The Fair Labor Standards Act  does not require that employees be given breaks or lunch hours,  but you should check your state laws to see what they  require.  Whichever serves the employee best, is the one you must  comply with.

What if an hourly employee  wants to work extra hours this week and take off some time next week? Is it okay for us to have an agreement that they won't get overtime  for the hours worked over 40 since they asked if they could work it this way?
FLSA requires that any hours worked by non-exempt  employees over 40 in a work week must be paid as overtime, 1 1/2 the employee's regular rate of  pay.  If you allow an employee to work overtime in a given week, you  must pay them the overtime rate for those hours.  You can not make  "deals" with employees that keep you from paying overtime wages, even if it  is their idea.

What can I tell a  potential employer of a former employee when they call me for a  reference?
Generally, you can tell a potential employer  anything that is true regarding the past employee's work history with your  company.  You should have documentation to back it up  though.  Lawsuits can come from false reference information, or from  not being forthcoming with information that puts other employees at  risk.  For instance, if the past employee assaulted one of your  employees when they worked for your company.  Check your state laws as  well.