ιδιόρρυθμη υπερωρία
| 04:10 May 29, 2001 |
| Greek to English translations [PRO] Law/Patents | ||||
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| Summary of answers provided | ||||
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| na +1 | Overtime exempt |
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| na | overtime exemption |
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| na | ιδιόρρυθμη υπερωρία |
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Answers
4 hrs peer agreement (net): +1
Overtime exempt Explanation: A special overtime policy for professionals, managers and "Exempt employees are hired under the condition that they are required to work as much time as necessary in order to fulfill the requirements of the position without additional compensation, even if they are required to work beyond their normal work hours. Any deviations of pay for exempt employees must be reviewed and approved by the senior human resources officer." (Source: http://www.drexel.edu/hr/policies/hr43.htm - paragraph 12) ================================== "Some jobs are EXEMPT from overtime payment requirements. The rules governing exemptions are very narrowly interpreted by the Labor Commissioner and you should be careful not to apply them incorrectly. It could be an expensive mistake. EXEMPT means the employee is NOT subject to payment for overtime hours worked. Employer policy may elect to compensate incumbents in these jobs for their overtime, but there are no restrictions on rates used or quantity of hours paid to exempt job incumbents. Overtime requirements apply to the JOB not the EMPLOYEE. It is the responsibility content of the job that determines if incumbent employees must be paid for the overtime they work. There are five categories of exemption from overtime requirements under the Fair Labor Standards Act (FLSA) and Industrial Welfare Commission (IWC) Orders. 1. Executive Exemption Receives at least two times the state's minimum wage as a salary for full-time employment. This is known as the "minimum salary level test." (See Footnote #1) The primary function of the job is management of the enterprise, or of a customarily recognized department or subdivision. The job regularly directs the work of two or more subordinate employees. Has the authority to hire, fire and give pay treatment, or recommend those things. Handles employee complaints and discipline. Devotes less than 50% of work time to activities other than managerial duties. Regularly and customarily exercises discretionary power. 2. Professional Exemption In most cases, only licensed or certified occupations are exempt under state law. Those include: law, medicine, dentistry, optometry, architecture, engineering, teaching and accounting. Medicine includes physicians but not nurses. Pharmacists are no longer automatically considered exempt. They must meet the tests for administrative or executive exemption. Attorneys are exempt, but paralegals are not. Exempt accountants must be certified public accountants, not uncertified accountants. Licensed civil, mechanical and electrical engineers are exempt, but junior drafters or engineers are not. Wage Orders 1 (Manufacturing), 4 (Professional, Technical, Clerical, Mechanical and Similar Occupations), 5 (Public Housekeeping), 9 (Transportation) and 10 (Amusement and Recreation) allow for exemptions for jobs requiring learned professionals. For such treatment, the education required must be advanced, meaning the employee must have a degree or certificate requiring at least one year of specialized study in addition to completion of a four-year college course. The work must be of a nature that its product cannot be standardized based on hours of work, and the employee has considerable freedom of choice about how to carry out a task, which gives general control over hours of work. This requirement for creativity or intellectual application must apply more than 50% of the time. The minimum salary test is met. (See footnote #1) 3. Administrative Exemption Customarily and regularly exercises discretion and independent judgment in the performance of intellectual work which, in the context of an administrative function, is office or non-manual work directly related to management policies or the general business operations of the employer or the employer's customers. Regularly and directly assists a proprietor or an exempt administrator, or performs, under only general supervision, work along specialized or technical lines requiring special training, experience or knowledge, or executes special assignments and tasks under only general supervision. Devotes more than 50% of time to these activities. The minimum salary test is met. (See footnote #1) 4. Outside Sales Exemption (See Footnote #2) Incumbent is 18 years of age or older. Usually work away from the employer's place of business, selling tangible or intangible items, or obtaining orders or contracts for products, services or use of facilities. More than 50% of the time they are performing these outside sales duties. Work under Wage Orders 4 (Professional, Technical, Clerical, Mechanical and Similar Occupations) or 7 (Mercantile Industry). Receive commission-based compensation. 5. Computer-Related Occupation Exemption (See Footnote #3) Effective September 19, 2000, computer professionals paid on an hourly basis rather than by salary may be exempt from overtime under a California law known as A.B. 88. To be exempt, the job (not the incumbent) must meet several tests, including ... Commonly involves job titles such as computer programmer, systems analyst, computer systems analyst, computer programmer analyst, applications programmer, applications systems analyst, applications systems analyst/programmer/software engineer, software specialist, systems engineer and systems specialist. Primarily engaged in intellectual or creative work that requires the exercise of discretion and independent judgment. Highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming and software engineering. Paid at least $41 per hour (an amount which may be adjusted each year). Primarily engaged in one or more of the following duties: The application of systems analysis techniques and procedures (including consulting with users) to determine hardware, software or system functional specifications; or The design, development, documentation, analysis, creation, testing or modification of computer systems or programs (including protypes) based on and related to, user or system design specifications; or The documentation, testing, creation or modification of computer programs related to the design of software or hardware for computer operating systems. If you have employees who perform exempt functions part of the time and non-exempt functions for the balance of the pay period, any time worked on non-exempt activities must be compensated for overtime if appropriate." (Source: http://www.management-advantage.com/products/overtime-exempt... www.drexel.edu/hr/policies/hr43.htm - paragraph 12 Reference: http://www.management-advantage.com/products/overtime-exempt... |
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6 hrs
overtime exemption Explanation: The employer can employ the worker for three hours more than the legal working hours (overtime exemption). |
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19 hrs
ιδιόρρυθμη υπερωρία Explanation: Ο εργοδότης μπορεί να απασχολήσει τον εργαζόμενο τρεις ώρες περισσότερο από το νόμιμο ωράριο (ιδιόρρυθμη υπερωρία) Nowhere in this sentence is stated that the overtime will be without payment, si it can not be an excempt overtime. It states that ' The employer may require the employee to work three (3) extra hours in excess of the normal working hours. The term ιδιόρρυθμη υπερωρία should be translated as "extraordinary overtime". I do not believe that a contract that specifies extra 3 hours unpaid labour will stand in any court of law of a democratic country. |
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