The Federal Fair Labor Standards Act (FLSA) mandates minimum wage and overtime payments, child labor, and record keeping requirements.  Many states, including Massachusetts, also have laws regarding these issues.  The state law supercedes the Federal Law wherever the state law provides a greater degree of employee protection.  The standards set by these laws apply to all non-exempt employees.

Exempt employees may be determined using the following checklists:

Executive employee -

• Paid at least $250 per week.
• Primary duty consists of the management of the enterprise.
• Such duty includes the customary and regular direction of the work of two or more other employees.

Professional employee - 

• Paid at least $250 per week.
• Primary duty consists of the performance of work either requiring advanced knowledge in science or learning (e.g. law, medicine, teaching, computer professionals, accountancy, engineering, etc), or
• Original and creative work in an artistic fields.

Administrative employee - 

• Paid at least $250 per week.
• Primary duty is the performance of office or non-manual work directly related to management policies or general business operations of the employer or the employer's customers.
• Customarily and regularly exercises discretion and independent judgment.

Outside salesperson -

• Customarily and regularly engaged in work away form employer's place of business making sales or obtaining orders.
• Does not devote more than 20% of hours worked in the workweek to duties not described above.

Pay Procedures -

It is the policy of Company Name to pay employees by check or direct deposit on a regular basis (state whether weekly or biweekly) in a manner which complies with all applicable laws.  Employees who are involuntarily terminated will receive their final pay on the day of termination.  Employees who voluntarily terminate their employment will receive their final pay on the next scheduled pay date.  All non-exempt employees will be paid for all hours worked.

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Overtime - 

All overtime must be authorized.  Overtime will be paid for all hours worked in excess of 40 hours in a work week at the rate of one and one-half times the non-exempt employee's regular hourly rate.  Employees will not be paid overtime resulting from paid holidays, vacation or periods of disability during the work week.  

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Timekeeping - 

Part-time employees and any employees approved for overtime must complete a weekly timesheet detailing the hours work started and ended for each day.  Time sheets must be turned in to Payroll no later than noon the following Monday.  Records are maintained for a minimum of three years.

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Attendance - 

Satisfactory attendance by all employees is essential to the continuity and efficiency of our Company's daily operations.  Absence is defined as the time which an employee is not available for work during the scheduled working hours.  Employees will be allowed to be absent and still be paid when the following circumstances occur:

Personal / Sick Days:  Each employee will be paid 100% of salary up to five days each year for personal illness / business.  The employee will not be paid for any subsequent absence due to personal  illness / business unless it is approved.  An employee may take time off to attend to personal business providing office / shop coverage has been scheduled in advance.

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Jury Duty - 

Employees serving on jury duty will receive their regular wages for the first 3 days of jury duty.  (Employer may chose to continue the employees salary for a longer period of time.  The state of Massachusetts requires salary continuation for at least the first 3 days.)  The employee must provide the Company with documentation of any court-paid compensation.  Jury duty will not be charged as absent time.  

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