Notwithstanding the national trend of states repealing statutes that criminalized possession of marijuana, Indiana remains steadfast in its prohibition of marijuana. While opinions obviously vary a great deal as to the wisdom of that prohibition, this continuing prohibition does, for the time being, hold at bay some of the thornier issues that can arise for employers regarding employee use of marijuana.
We all know the general rule about overtime: the Fair Labor Standards Act requires employees must be paid 150 percent of their standard rate of pay, or “time and a half,” for working more than 40 hours per week, but certain employees, especially executive or managerial employees, are exempt. In practice, the line between exempt and non-exempt employees is sometimes unclear, especially with respect to restaurant and retail employees.
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.