Does offering the option to convert bonus $ to vacation violate laws or compromise exemption status


1 answer  |  asked Oct 11, 2018 4:16 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
You should not rely on answers to contract type questions from any lawyer who has not reviewed your compensation structure and your exemption status for any particular employee. The Fair Labor Standards Act and NYS Labor Laws protect employee pay. Were you to find yourself facing a federal lawsuit the exposure for damages, both corporate and individual, could be substantial. Consult an employment lawyer before potentially misclassifying any employee. An employee who is truly exempt is generally not entitled to vacation otherwise they would be your employee. Many lawyers in the metro area charge close to $10,000 just as an initial retainer were you sued in federal court.

posted by V Jonas Urba  |  Oct 12, 2018 06:09 AM [EST]

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