EAP Exemptions
What does the EAP, in EAP Exemptions, stand for?
Executive, Administrative, Professional
Can a bona fide exempt worker have a deduction taken from their salary for using FMLA?
Yes. Deductions may be made at a proportional rate of the salary for the time worked when an employee takes unpaid FMLA leave.
One of the tests for this exemption says, "Does not operate for more than seven months in any calendar year."
Seasonal, Amusement, or Recreational Establishments
On which day of the week are employees statistically more likely to call in sick?
Monday
True or False
An employer is required to pay overtime for more than 8 hours or work in a day.
False
What are the three tests for the EAP exemptions?
Salary Basis, Salary Level, Job Duties
What is the minimum weekly salary?
$684
This exemption is for employees who are, "employed by a motor carrier or motor private carrier..."
Motor Carrier Act
What is the most popular office lunch item?
Salad
If an employee makes $7.75 an hour an works 30 hours a week, how much of their hourly rate can be deducted by the employer?
.50 an hour
True or False
Education is taken into consideration when determining the Executive Exemption.
False
Name 2 jobs that are exempt from both minimum wage and overtime?
Doctors, teachers, lawyers
One of the requirements for this exemption is, "the employee's rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked..."
Commissioned Sales Employees in Retail Establishments or 7(i)
What is the most common time for a daily "slump"?
2:00 - 3:00 pm
Daniel performs clean-up work on construction sites for $7.25 an hour. He usually drives to 4 different sites a day, during his normal shift. His employer only pays him for the time spent on-site cleaning up and not the drive-time between sites. Is this a violation?
Yes. Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.
What are the EAP Exemptions sometimes referred to as?
White Collar Exemptions
True or False
An employer does not have to pay the full salary during the initial or terminal week of employment.
True
This kind of worker refers to companions, babysitters, cooks, waiters, maids, housekeepers, nannies, nurses, janitors, handymen, gardeners, etc.
Domestic Service
How were Ancient Egyptians paid?
In beer.
Beer in those days was also thicker which made it similar to a meal. This reduced the amount of breaks employers gave workers as they were able to carry out working, and being tipsy reduced complaints about the harsh working conditions.
Name the two types of joint employment.
Horizontal and Vertical
The primary duty of this exemption must be the "performance of office or non-manual work directly related to the management or general business operations..."
Administrative Exemption
This kind of employee can be paid an hourly rate instead of a salary.
Computer Exemption Employee
Automotive Dealerships
Which President created the U.S. Department of Labor?
Even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves interstate commerce. What kind of coverage is this?
Individual