Salaried Employees: Why You May Be Entitled To Overtime Pay

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Earning a salary is typically something that is sought after as opposed to an hourly paying job. The thought is that a salaried position comes with higher stability, benefits, and a steadier pay rate.

Unfortunately, salaried employees also relinquish their ability to earn overtime pay. If you are a salaried employee working 50 hours a week, this may actually be working against you. One common misconception among salaried employees is that all salaried employees are exempt from earning overtime pay.

However, this is not completely true. While the vast majority of salaried employees are exempt from overtime pay, there are some exceptions to the exemptions. There are two factors that determine these exceptions.

Salary Amount

The first factor in order for a salaried worker to qualify for overtime is the amount they earn per week. This is the more basic and very distinct of the two factors. If you are earning less than $455 per week, you can still qualify for overtime.

If you are a salaried employee earning $455 or more per week, you are not eligible for overtime. The other exemptions is a little less clear and has to do with job duties.

Job Duties

The other factor determining whether or not you are eligible for overtime or not is the duties performed by the employee. This is often considered the “duties test”.

This exemption from overtime relates primarily to employees who perform higher-level work which involves judgement or discretion. These exemptions are often referred to as “white-collar exemptions”. The purpose of this exemption is to restrict traditional white-collar employees for earning overtime without exempting traditional blue-collar jobs.

One key consideration for this exemption is based on the “primary duty” of the particular job. This means that in order for an employee to be exempt due to “white-collar exemptions”, it needs to be principal, main, major, or most important job duty the employee performs.

Luckily the Department of Labor had enough foresight to build into the exemption that the job title holds no basis in this determination. For example, an employer may want to make an employee exempt so they change that employee’s job title to “Managing Supervisor”. However, if there is no managing or supervisory capacity in that employee’s actual job duties, the exemption does not apply.

Typical Exempt Job Duties

Three typical categories of exempt job duties. These exemptions mean that the employee is not entitled to overtime pay. Those three categories are executive, administrative, and professional. Let’s take a look at how these three categories are actually categorized.

Executive

Executive job duties are considered exempt and are determined by a three part test. The first is that the employee has a primary duty of managing the enterprise, department, or subdivision of said enterprise. The second part of the executive determination is if the employee regularly directs the work of two or more full-time employees or their equivalent. Finally, to be deemed an executive, the employee must have the authority to hire or fire other employees, or at least influence the employment status decisions.

Administrative

One of the more challenging classifications to determine is the administrative exemption. In addition to the salary test, a two part test is used to determine if the duties performed by an employee can be deemed administrative.

The employee must satisfy both of the following requirements. First, the employee’s primary duty must be to perform office or nonmanual work that directly relates to the management or business operations of the employer and his or her customers. Secondly, the employee’s primary duties includes discretion and independent judgment in significant situations.

A common misconception is that all employees in a secretarial capacity would be exempt. However, most clerical work, while administrative, is actually not exempt.

Professional

The exempt category of “professionals” is often thought to be made up of doctors, lawyers, and teachers. However, this category includes other professions. Two types of professionals can be included in the exempt “professionals” category. Those two are learned professionals, and creative professionals.

A “learned professional” is determined by a three prong test. The employee’s primary duty consists of work requiring advanced knowledge. Advanced knowledge work means that the work is intellectual in nature which includes exercising judgement and discretion. Any routine mental, manual, mechanical, or physical work is not considered advanced knowledge.

The second prong of the test is that the advanced knowledge must be in a field of science or learning. This includes areas such as law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, chemical and biological sciences, pharmacy, and other professions that can be distinguished from mechanical or skilled trades.

Finally, the advanced knowledge must have been acquired through extended course or specialized instruction. Basically, this means the employees have obtained advanced knowledge through some combination of experience and intellectual instruction. It does not apply to professionals where the academic training is a standard prerequisite. For example, a carpenter may have been highly trained but does not fall under the professionally exempt.

About the author: 

Andrew Fujii is a marketing professional with expertise in digital/web and content marketing. He is also a copywriter for multiple agencies and a contributes to the Vethan Law Firm blog.

How To Track Your Hourly Wages Properly

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Tracking your hourly wages is a surprisingly underutilized task in today’s world. With so much automation, it is highly unlikely to find an hourly worker that keeps track of their hourly wages personally.

However, despite all of our advances in automated tracking, it is incredibly important for employees to track their hourly wages. It will allow you to identify if there are any discrepancies on your paycheck. Those that refuse to track their hours are putting themselves at risk of not collecting 100 percent of wages.

Tracking your hours properly is incredibly important. In order to so, you need to figure out the way you are most likely to keep track of things on a daily basis. For example, some people prefer an old fashioned pen and paper while others prefer a computer spreadsheet. No matter which you choose, the output should be the same.

Keep It All In One Place

One of the first things you want to do to keep track of your hours worked, is figure out where you are going to keep everything tracked. Purchase a simple daily calendar that you can write on, start an Excel Spreadsheet, or start a Google Sheet that you can edit from almost any device.

This notebook, calendar, or digital spreadsheet will serve as your hub for all of your hourly tracking. It is important to not only record the hours that you are schedule to work, but more importantly, the hours that you actually did work.

So for example you may have two sections for each day worked; hours scheduled and hours worked. It is important to note these changes because it is very easy for a supervisor or manager to input into the system the hours you were scheduled to work, as opposed to the hours you actually worked.

Keep Track After Every Shift

One of the quickest ways to fail at keeping track of your hours worked, is to skip days while recording. Tracking your hours is something you should get in a habit of doing immediately after your shift is over.

If you don’t, there is a high likelihood that you will forget the hours you worked or you won’t remember to record them at all. Your best bet is to get in a habit of immediately recording your time worked prior to leaving your job.

Understanding Your Paycheck

Tracking your hourly wages properly involves understanding your paycheck to the fullest. You need to know where to look to match up the hours that you have recorded with the hours that are reported on your check.

However, before you start matching up figures, you must know your pay rate and pay period. Your pay rate is the rate at which your supervisor and you have agreed upon in terms of how much you will be paid per hour. The pay period, is the amount of time that each paycheck takes into account. The vast majority of companies use a two week pay period, however they can also use a weekly or monthly pay period.

Both of these should be identified on your paycheck. Your hourly rate will be under a column called “Rate” in the same row titled “Regular Rate” or something to that effect.

Also in this “Regular Rate” row will be the number of hours you worked within the pay period. This will be under a column called “Hours”. This figure is what you want to compare with the hours that you have been so diligently tracking.

Take all of the hours you’ve worked within the pay period and see if they match up to the number listed in the “Hours” column. Take that number and multiply it by the rate and you’ve got your gross pay! However, your take home pay is much different due to Federal and State taxes, along with social security, and medicare. That is a whole other story that we won’t get into in this article.

There’s An App For That

You’ve heard the saying a million times; there’s an app for that. Well, there just so happens to be an app for tracking your hours. The Department of Labor actually created one for individuals looking to track their hours worked. DOL-Timesheet helps you to record the amount of hours you worked and calculate how much your employer should owe you. It can even include overtime pay.

For Android users, you can try out Timesheet, an app that will let you track hours on projects worked. Just consider your job the “project” and you’ll be able to easily record your time worked.

About the author: 

Andrew Fujii is a marketing professional with expertise in digital/web and content marketing. He is also a copywriter for multiple agencies producing copy for blogs, articles, websites, product packaging, mobile apps, and more.

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http://www.linkedin.com/in/andrewfujii/

Benefits of Hiring Personal Injury Lawyer Washington from Tario & Associates

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Accidents may happen in our life, and in many cases we are solely responsible for the mishap. While many times, we get into the accident without having real faults. The number of auto accidents in the USA is rising day by day which is a poor sign of the airiness of the people, as well as the sign which marks that people are not abiding by the traffic laws precisely. Running a car with rush of blood may affect you in many ways.

personal-injury-lawsuitAftermath of Accidents – Legal Hassles

We all know the consequences of the accidents; though do not take proper measures while driving. However, this is the precaution or safety part which has nothing to do with if you had been in an accident, without having real faults. In such condition, you are eligible for claiming compensations for your personal injuries that have taken place due to the impact of the accident. The party, who is guilty for the accident is solely responsible to provide you the compensation amount for your physical, mental, as well as financial damages. However, the guilt of the person has to be proved in order to receive compensation.

How the Legal Process Works?

In case of street accidents, it is very difficult to prove innocence of a party as street accidents are generally considered as the fault of both the involved parties. In such cases, one needs a good Personal Injury lawyer Bellingham to deal with the court affairs. Auto accidents are defined into different categories, depending upon the type of the car. The nature of damage completely depends upon the type of car involved in the accident. For example, a four wheeler car damage is greater than the damages done by a motorcycle or a two wheeler. On the other hand, giant four wheelers like trucks can do severe damages and thus, compensation amount becomes higher.

Personal Injury Compensation Claims

Generally, the guilty party has to bear all expenses for damages that have been done due to the accident to the other party or parties. If the losses are financial, then the alleged person has to compensate all those financial losses. If the losses are physical or mental and if the victim is under the supervision of the doctors, admitted in a hospital, then alleged person has to bear all expenses regarding the medical expenses of the person. In case of hit and run type accidents, if the victim dies, compensation should be made to the family of the victim.

Tario & Associates is a Washinton based organization, which renders legal support to the clients. The organization is working from 1979, and for a long period of time, it has successfully resolved many legal issues for its clients.

Using A Private Process Serving Firm

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Serving papers is usually a straightforward process that can be accomplished via messenger or through the post. But when the person wants to avoid being served, another approach has to be made. Legal process can be considerably delayed if you are unable to serve the documents. In times like these, it’s best to use a private detective.

Private process serving firms have experience and knowledge to successfully serve those individuals who are trying to avoid the action. While some people think this can be easy because they saw how it’s done on the TV, the reality is completely different. People who are looking to avoid being served will run, strike, be volatile and do a lot of other things to avoid being served. And this is exactly why you need a professional, someone who can quickly and efficiently complete the job and allow for the legal process to continue.
process servingBefore you decide to hire someone, you do a little bit of research. The same thing goes with finding the right process serving firm, you need to do your research and determine which firm could complete the task for you.

Your best option is to go for a private process serving firm that has been in this business for a while. They will have experienced private detectives who will be able to quickly track the person you seek and serve them your documents.

Another important detail is to find out what kind of confirmation the firm will provide. We can all agree that this is important as it will prove that the documents have been properly served. When you have the right confirmation, the recipient won’t be able to claim that he never received the documents and further delay the legal process.

Once you decide on the process serving firm, you will need to provide them with the information they need to locate the individual that you are looking to serve papers to. You will also have to set a timeframe within which the papers have to be delivered. And the rest is upon the private detectives. They will locate the person for you, even if they are abroad, and deliver the papers to them. Once they provide the confirmation, the court proceedings can continue.

What Questions To Expect From A Litigation Lawyer

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Every lawyer needs as much information as possible to handle the case correctly. But, before the lawyer actually accepts the case, he needs to have a talk with the client, which is called the first interview. There will be some specific questions the client will have to answer to so that the lawyer can determine if he is able and willing to take the case and represent the client.

If you are looking for a lawyer, you should be prepared to answer a lot of questions. The first one will be: why do you need legal services? By explaining your reasons, generally of course, you will provide enough information ofr the lawyer to determine if that’s the kind of case he could handle or if he should forward you to another, more appropriate lawyer.

The next question is about your previous lawyer, if you had any. It sometimes happens that clients terminate the services with one law firm and choose another. Also, it can happen that the client needs additional legal help and that the new lawyer will have to work with one, two or more other lawyers the client already hired. In any case, the current lawyer could get help from the previous lawyer in form of information, which would increase the change of winning and speed up the whole process.

Lawyer InterviewThe first meeting is important for both client and lawyer because this is the time when the biggest decisions will be made. In order to determine whether to represent you or not, the lawyer will ask you about your financial situation. While the first meeting may be free, the next one will not. This is why it is important for a lawyer to ask and determine if you are able to pay the future fees. In case you feel the rate is too high, you can ask for a recommendation, considering there are other lawyers who have lower rates.

You will be asked about your criminal record. Also, you will have to provide information about any people who can benefit your case and about those who can damage your case. If there are any witnesses involved, you will need to provide the list that the lawyer will use in order to figure out have you been telling the truth about your case or not. You may feel this is a bit too much, but this is how the lawyer protects himself from the clients who aren’t telling the truth.

You can expect more questions, besides the ones mentioned here. A smart lawyer will ask you about your current legal problems and your desire to fight for your legal rights. While you speak, he will note all the important points. Experienced lawyers will let their clients speak, they won’t interrupt them because they will get more useful information if they are not interrupting their clients. After you say everything you have about the matter, you can expect a couple more specific questions. These are necessary – your case will be stronger and you will have a better chance to win a case.

There are certainly more information you want to learn about when it comes to hiring a suitable lawyer. I won’t go into details about that subject on this post, but if you need a reliable and trustworthy legal representative, you should check out Allen Park lawyers. If you don’t know where to start and you have a lot of questions about your case, you should reach out and book an appointment.

Good luck with your case!

Understanding Your Rights To Claiming Compensation For Asbestos Related Diseases

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Each year, thousands are diagnosed with asbestos-related diseases, many of which are due to negligence on behalf of previous employers. Whilst the dangers of asbestos have been known for many years, it was only in late 1999 that this deadly material was once and for all banned and, unfortunately, prior to that, usage was widespread and many employers failed to take the correct measures and safety precautions to prevent employees from breathing in the fibres. Prolonged asbestos exposure over time can cause a number of different diseases including asbestosis, mesothelioma, pleural plaques and lung cancer and, in order to take a look at your rights to claiming compensation if you’ve been diagnosed with any of these diseases, we’ve teamed up with UK based asbestos solicitors, Asbestos Advice Helpline.
gI_86408_asbestosWho Can Make A Claim?

Anyone who has been diagnosed with asbestosis, mesothelioma, asbestos-related lung cancer or pleural thickening may be entitled to make a compensation claim if there are suspicions that the cause is due to negligence of a current or former employer. It is important to note that a claim must be started within three years of diagnosis. As such, it’s important to seek specialist legal advice as soon as you receive a diagnosis.

Upon enlisting the help of specialist solicitors, they will look to investigate whether your previous employer still exists and, if so, who their insurance company is. It is also possible to pursue a claim even if the employer is no longer trading. Your solicitor will handle all of this for you and arrange copies of any medical documents relating to your condition which will be needed to pursue a claim and to prove the potential value.

It is not uncommon for asbestos-related disease claims to settle for £200,000 or more in some instances where mesothelioma is the disease in question. Whilst asbestosis and pleural thickening claims rarely settle for as much as mesothelioma and lung cancer claims (which are rarely less than £50,000 however almost always less than mesothelioma claims) however can still settle for anything between £10,000 and £40,000 for pleural thickening and £10,000 and £80,000 for asbestosis.

If you’ve been diagnosed with an asbestos-related condition, compensation could provide a significant financial boost to you and your family to cover necessary expenses during this difficult time. We strongly recommend you speak with a specialist solicitor as soon as possible and discuss your case with them in more depth.

Car Accident Attorney Detroit

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A car accident is a very traumatic event that leaves no one unharmed, whether it is physically or mentally. You will need some time to recuperate, no matter how harmless the car accident seems. But before you do that, you need to make sure you are compensated for the damages you received. If you have been injured and your car damaged due to someone else’s negligence, you are entitled to compensation. Even though some people will advise you to take any insurance coverage you can get, it’s better that you hire a car accident attorney Detroit.
fatal-car-accident_00852Before you actually hire an attorney, you need to figure out how severe your injuries are and how much damage your vehicle received. Once you assessed the situation, you need to find a reliable and experienced attorney in Detroit so you can get the most out of your insurance claims. You should know that you will need an attorney even if you are offered with a settlement. Why? Because the other side will never offer you as much money as they would if there’s a car accident attorney Detroit standing by your side.
Detroit-Personal-Injury-LawyerYou are not knowledgeable in law and you don’t know how much you are entitled to, so it’s easy for the other site to negotiate a lower amount for compensation. You may be scared of what the other side has to say or you might want to over things quickly and accept anything you can get. But this is exactly why you need an attorney – he/she will be able to negotiate properly and win you an amount of compensation you rightly deserve.

If the case goes to trial, you will definitely need an attorney who is experienced with cases like yours. You want to win and you want to get what is yours, so you shouldn’t withhold anything – get the best car accident attorney in Detroit so you can remain stress-free while he/she is doing all the work for you. It’s the best decision you can make, and there’s no doubt about it.

The Benefits Of Lawyer SEO Services

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Most lawyers find SEO to be a mysterious and difficult to understand. But that’s understandable, after all, this is not their field of expertise. The first thing every lawyer should understand though is that keywords are the most important thing they should take care of. Clearly defined and properly used keywords mean the difference between having and not having website visitors.

Since there are a lot of keywords that have to be analyzed, a lot of web pages to be created and optimized for these keywords, it’s best to hire lawyer SEO services to handle all the work. The company that can help you get visitors from search engines will use the right keywords within your content and will focus on those that are searched for more than the others. Stereotypical keywords is what you want your website to rank for, and this is exactly what a good SEO company will know how to use.
lawyer seo services
You may have the best service or the best free advices on your website, but that won’t matter if people can’t get to your website. The content you publish must be optimized if you want people to land on your web pages. Relevant keywords is what matters and every good SEO company will find those keywords, include them in your website content and make sure that your site is appearing right there on the first page for those keywords.

The company you hire needs to have sufficient knowledge and experience in order to help you with your website. There are many SEO companies that are using short-term strategies that won’t help you a lot, and there are those companies that won’t provide any results at all. So it would be smart to do some research and see which company you need to hire. Determine which SEO company would be the best choice for your needs.

Tips for Selecting the Right Defense Attorney

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The defense attorney you choose to work with can make or break your legal case. Finding a qualified lawyer in your area is critical, but it can seem quite challenging. This is especially true if you’ve never needed assistance with legal troubles in the past. The truth is that finding the best defense attorney for your legal situation may actually be easier than you think. Here are a few tips to guide you in your search for a highly qualified defense lawyer who will help you win your case.

Search Online
Consider starting your search for a defense attorney online. Begin by seeking out lawyers in your area who have experience with your particular case. Different attorneys specialize in various aspects of criminal law. For example, one may have significant experience defending individuals who’ve been charged with DUI, while another may have worked on numerous fraud and theft cases. Use targeted search keywords to find a qualified local attorney.

Defense AttorneyReview their Credentials
You want to choose an attorney who has worked on similar cases in the past. But it’s also important to review their credentials before making a final decision who to hire. Take a look at their educational background, as well as their publishing history. Consider asking yourself some key questions. Did they go to a prestigious law school? Do they regularly contribute articles in popular legal journals? Understanding their credentials can help you feel confident that you’re choosing a top-notch lawyer.

Schedule an In-person Consultation
After you’ve spent some time searching online and reviewing the credentials of potential attorneys, set up in-person consultations with the defense lawyers on your list. Face-to-face meetings can help you get a better sense of how each attorney communicates with clients, and whether a particular lawyer is a good fit for you in terms of their personality. Before you meet with potential attorneys on your list, spend some time thinking about which qualities are most important to you. This will help you narrow down your options.

Pay Attention to your Budget
One important thing to consider when choosing an attorney is your budget. While this shouldn’t be the only factor that influences your decision, it’s important to choose a defense attorney that’s affordable for you. Don’t be afraid to ask them directly about their rates during your initial consultation. Understanding what they typically charge clients can help you map out a financial plan ahead of time and help you select a qualified attorney that won’t stretch your budget.

The process of finding a defense attorney can seem challenging at first, but finding the right lawyer may actually be easier than you think. If you need legal representation, begin by searching online for targeted keywords and reviewing attorneys’ credentials and experience. Once you’ve developed a list of potential lawyers in your area, schedule in-person consultations to get a better sense of their personality. And finally, make sure you talk with defense attorneys directly about their ratings. This can help you avoid getting in over your head financially. Get started on your search for a qualified defense attorney today!

Hiring A Lawyer For A Family Law Case

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We all have to make decisions about different things in our lives. Some of these decisions are more and some are less important. And one of the decisions that can leave a long term consequences is related to your family law case. You really want to make the right decision and choose the best family law lawyer to handle your case. So I suggest you take some time to do the research and figure out which legal representative you want to hire.

I can help by providing you with some tips and advices when it comes to the process you need to use to find your perfect lawyer. But you’ll have to do all the legwork, of course.

family lawIs Your Lawyer Focused On Family Law

Law changes constantly and courts interpret various laws differently. Rules of evidence, civil procedure and the court vary constantly, not just from state to state, but from judge to judge. This is why you need to find a lawyer who is practicing Brampton family law and family law only. He/she has to be in sync with all the changes that happen, whether they are related to law, the judges or court procedures. You want someone who will smoothly deal with your case and get you everything you need to feel comfortable and satisfied with the outcome.

Will Your Lawyer Be The Only One To Handle Your Case

Some law firms have lawyers who deal with interviews and other lawyers who handle cases. You want to speak with a person who will actually work on your family law case. So don’t forget to ask if you person you are talking to is actually going to represent you. Some law firms choose lawyers who have light schedule to deal with the new case, which is not something you benefit from. This is why you need to make sure you are talking with a lawyer who will be working on your case, and nobody else.

Experience And Reputation

It’s easier than ever to find out how capable your new family lawyer is. You can find reviews or ratings about many lawyers today. You can also ask for a former client list so that you can contact the clients and hear what kind of experience they had with the person you are considering to hire. You have the right to choose anyone you want, keep that in mind. Go for a family law lawyer who has a good reputation, handles case smoothly and has a lot of experience with cases that are similar to yours. If you follow through the tips and advices I’ve given here, I’m sure you will find a perfect legal representative for your case.