The application and rules for the federal FLSA salary basis test are often misunderstood and not administered accurately or consistently. During my human resource career I have seen mistakes made regarding this rule over and over again. First let's understand what the term "salary basis" means. An exempt employee that regularly receives a predetermined amount of base salary each workweek is paid on a "salary basis". This applies to employees who are determined to be exempt under the federal FLSA exemption tests including both the minimum salary test and qualifying under one of the duties tests (ie., administrative, executive, professional, computer, outside sales, etc.).
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Gay Rights in Workplace Bill Advances in Senate
The Senate cleared its first procedural hurdle today on the Employment Non-Discrimination Act (ENDA), legislation which would ban discrimination in the workplace based on sexual orientation and gender identity. The Senate voted this evening 61-30 in favor of invoking cloture on the motion to proceed to ENDA. One more procedural vote remains until the Senate can vote on final passage.
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