--- title: "Les A. Schneider" description: "" url: "https://wimlaw.com/tags/les-a-schneider" date: "2026-06-13T06:23:32+00:00" language: "en-US" --- ## Les A. Schneider [ ![Employment Items to Consider for Early 2019](https://wimlaw.com/media/yootheme/cache/b4/woman-laptop-computer-user-b49e80c6.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579)##### [Employment Items to Consider for Early 2019](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579) January 31, 2019 Category: Alerts [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579) [ ![New Georgia Department of Labor Initiative Supports Immigration Compliance](https://wimlaw.com/media/yootheme/cache/6d/immigration-6d39c4df.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=660&catid=52&Itemid=579)##### [New Georgia Department of Labor Initiative Supports Immigration Compliance](https://wimlaw.com/index.php?option=com_content&view=article&id=660&catid=52&Itemid=579) December 04, 2018 Category: Alerts [Read 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Regulations](https://wimlaw.com/index.php?option=com_content&view=article&id=1325&catid=221&Itemid=1102) June 12, 2023 Category: Webinars: Employment Law "Hot Topics" [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1325&catid=221&Itemid=1102) [ ![FLSA compliance for restaurants](https://wimlaw.com/media/yootheme/cache/21/WimLaw-Promo-Slide-july-restaurant-tips-02-21562c35.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1326&catid=221&Itemid=1102)##### [Tips on Tipping for Georgia Restaurateurs — Part 2: Navigating FLSA Compliance & Liability Avoidance](https://wimlaw.com/index.php?option=com_content&view=article&id=1326&catid=221&Itemid=1102) June 12, 2023 Category: Webinars: Employment Law "Hot Topics" [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1326&catid=221&Itemid=1102) [ ![Promo graphic for webinar, TIPS: A Fresh Look at Tip Tax Exemptions & Their 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more](https://wimlaw.com/index.php?option=com_content&view=article&id=1525&catid=221&Itemid=1102) [ ![Employee Misclassification and Overtime Issues promo graphic](https://wimlaw.com/media/yootheme/cache/01/december-webinar-promo-01cfbeb0.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1260&catid=221&Itemid=1102)##### [Webinar: Employee Misclassification and Overtime Issues](https://wimlaw.com/index.php?option=com_content&view=article&id=1260&catid=221&Itemid=1102) August 23, 2022 Category: Webinars: Employment Law "Hot Topics" [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1260&catid=221&Itemid=1102) [ ![promo graphic, Webinar: Urban Myths of the Fair Labor Standards Act – Wage Hour Law](https://wimlaw.com/media/yootheme/cache/5d/WimLaw-Promo-Slide-may-5dc90085.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1213&catid=221&Itemid=1102)##### [Webinar: Urban Myths of the Fair Labor Standards Act – Wage Hour Law](https://wimlaw.com/index.php?option=com_content&view=article&id=1213&catid=221&Itemid=1102) March 29, 2022 Category: Webinars: Employment Law "Hot Topics" [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1213&catid=221&Itemid=1102) [ ![WIMBERLY LAWSON ADDS WORKERS' COMPENSATION DEFENSE EXPERT](https://wimlaw.com/media/yootheme/cache/c7/shield-pawel-czerwinski-rovcbkmfk_k-unsplash-c7fba115.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=427&catid=142&Itemid=560)##### [Wimberly Lawson Adds Workers' Compensation Defense Expert](https://wimlaw.com/index.php?option=com_content&view=article&id=427&catid=142&Itemid=560) February 01, 2017 Category: February 2017 [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=427&catid=142&Itemid=560) ## Schema ```json { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Can I pay an employee purely on commission?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, but only if they qualify for specific exemptions, such as the "outside sales" exemption. Outside salespersons do not have a salary requirement and are exempt from minimum wage and overtime laws. However, most other employees must receive at least the minimum wage. (Reference: 01:25)" } }, { "@type": "Question", "name": "Does an inside salesperson qualify for the outside sales exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "No. If a salesperson works primarily from an office using a telephone or computer, they do not qualify as an outside salesperson. This is true even if their job duties are otherwise identical to those of a field representative. (Reference: 02:42)" } }, { "@type": "Question", "name": "What are the requirements for the outside sales exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "The employee's primary duty must be making sales away from the employer’s place of business. While there is no strict percentage test, they must regularly visit customers in person. Time spent in the office for follow-up work related to those outside visits generally counts toward the exemption. (Reference: 03:29)" } }, { "@type": "Question", "name": "Can inside sales employees be exempt under the administrative exemption?", "acceptedAnswer": { "@type": "Answer", "text": "Generally, no. Courts typically rule that sales work falls under "production" (producing the results of the business) rather than "administration" (running the business). Therefore, inside salespeople are usually entitled to overtime pay. (Reference: 06:24)" } }, { "@type": "Question", "name": "What is the Section 7(i) overtime exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "This is a specific exemption for employees of retail or service establishments. To qualify, the employee’s regular rate of pay must exceed 1.5 times the minimum wage, and more than half of their total compensation must come from commissions. (Reference: 08:46)" } }, { "@type": "Question", "name": "What is the difference between a commission and a piece rate? ", "acceptedAnswer": { "@type": "Answer", "text": "A commission is usually a percentage of a sale's value or profit. A piece rate is a set payment for a unit of production, such as a flat fee per square foot of material installed. Unlike some commissioned roles, piece-rate workers are never exempt from overtime. (Reference: 12:10)" } }, { "@type": "Question", "name": "How do I calculate overtime for a commissioned employee? ", "acceptedAnswer": { "@type": "Answer", "text": "You must find the "regular rate" by dividing the total weekly commission by the total hours worked. You then owe the employee an additional half of that regular rate for every hour worked over 40. (Reference: 15:02)" } }, { "@type": "Question", "name": "Do stockbrokers and financial advisors get overtime? ", "acceptedAnswer": { "@type": "Answer", "text": "They can be entitled to overtime if they work primarily in an office and are not paid a guaranteed salary of at least $685 per week. High total earnings do not automatically make an employee exempt from overtime. (Reference: 18:56)" } }, { "@type": "Question", "name": "Can I deduct a loan repayment from an employee’s commission? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes, provided there is a written, voluntary agreement. However, you must be careful not to deduct from the guaranteed salary portion of an exempt employee’s pay, as "busting" the salary can trigger a loss of the overtime exemption. (Reference: 33:10)" } }, { "@type": "Question", "name": "Can an employer change a commission plan retroactively? ", "acceptedAnswer": { "@type": "Answer", "text": "No. A commission plan is a contract. You can change the terms for future sales by providing written notice, but you cannot legally reduce the commission rate for sales that have already been completed. (Reference: 37:30)" } }, { "@type": "Question", "name": "Can I withhold commissions if an employee leaves the company?", "acceptedAnswer": { "@type": "Answer", "text": "In many states, earned commissions cannot be forfeited upon termination. However, you can define in your contract that a commission is not "earned" until the company actually receives payment from the customer. (Reference: 39:15)" } }, { "@type": "Question", "name": "How is the NLRB changing under the current administration?", "acceptedAnswer": { "@type": "Answer", "text": "The administration is shifting toward more employer-friendly policies, though changes are occurring slowly due to a previous lack of a quorum and appointed general counsel. The board is currently working through a backlog of approximately 700 cases. Time: 01:03" } }, { "@type": "Question", "name": "What are the benefits of participating in the Department of Labor's voluntary programs?", "acceptedAnswer": { "@type": "Answer", "text": "Employers who participate in these voluntary programs can "straighten up" their policies and reach mutual agreements that reduce potential fines and entirely eliminate liquidated damages in wage and hour matters. Time: 03:05" } }, { "@type": "Question", "name": "Will the Cemex ruling and "captive audience" meetings change?", "acceptedAnswer": { "@type": "Answer", "text": "It is anticipated that the Cemex case, which allows for union bargaining orders based on card checks, will be among the first rulings to be reversed. Additionally, the board is expected to quickly restore the legality of "captive audience" meetings, such as one-on-ones and small group sessions during organizing campaigns. Time: 05:06" } }, { "@type": "Question", "name": "What is the current status of the U.S. border and immigration enforcement? ", "acceptedAnswer": { "@type": "Answer", "text": "Illegal border crossings have reportedly dropped by 95% due to the deployment of several military divisions. While deportations continue, the current administration is also cutting back on legal immigration programs like TPS, parole, and DACA, as well as temporary guest worker entries. Time: 07:00" } }, { "@type": "Question", "name": "How should companies manage I-9 compliance and immigration audits? ", "acceptedAnswer": { "@type": "Answer", "text": "Companies should conduct regular internal audits of their I-9 forms because rules change frequently. It is recommended to have a formal immigration policy that instructs supervisors to report any knowledge of undocumented workers to upper management rather than acting on it themselves. Time: 08:56" } }, { "@type": "Question", "name": "Is DEI still legally required for employers? ", "acceptedAnswer": { "@type": "Answer", "text": "The legal landscape for Diversity, Equity, and Inclusion (DEI) has changed significantly; the EEOC now prioritizes rooting out "unlawful DEI-motivated race and sex discrimination". Employment decisions must now be based on individual merit and equal employment considerations for every single decision, rather than group representation. Time: 12:02" } }, { "@type": "Question", "name": "What is the "adverse impact" theory and is the government still enforcing it? ", "acceptedAnswer": { "@type": "Answer", "text": "Adverse impact occurs when a neutral policy (like a lifting requirement) disproportionately affects a protected group. The current administration has announced that the government will no longer prosecute cases based on this theory, though private individuals can still file lawsuits based on it. Time: 18:57" } }, { "@type": "Question", "name": "Should my company keep applicant flow logs? ", "acceptedAnswer": { "@type": "Answer", "text": "There is no longer a government requirement to keep applicant flow logs unless required by state law. Removing these logs may improve defense opportunities because they often provide the statistical data plaintiffs need to bring an adverse impact lawsuit. Time: 23:39" } }, { "@type": "Question", "name": "What is the current legal standard for religious accommodations at work? ", "acceptedAnswer": { "@type": "Answer", "text": "The Supreme Court has raised the bar for denying accommodations; employers must now prove that an accommodation causes "substantial harm to the business as a whole" rather than just a "de minimis" cost. Time: 28:53" } }, { "@type": "Question", "name": "What are the risks of using AI in hiring and performance reviews? ", "acceptedAnswer": { "@type": "Answer", "text": "AI tools can lead to legal issues if they result in disproportionate exclusions of protected groups, which may trigger private "adverse impact" lawsuits. Additionally, feeding company data into AI could result in the loss of trade secrets or attorney-client privilege. Time: 36:33" } }, { "@type": "Question", "name": "Can an employer fire someone for a social media post?", "acceptedAnswer": { "@type": "Answer", "text": "This is a complex area because many social media posts may be "legally protected speech" under the National Labor Relations Act. Employers should avoid "shooting from the hip" and instead use carefully drafted policies and specific protocols, such as taking screenshots of the post immediately. 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