There are various benefits one can enjoy as either an exempt or a non-exempt employee, a lot of employees are not aware of their rights under each of these classifications, which often leads employees to be confused about the difference. It may be helpful to discuss the difference and how one is classified with a labor law attorney or an employment attorney.
Generally speaking, exempt employees are those who are exempted from Fair Labor Standard Acts requirements. It simply means that exempt employees are not entitled to overtime compensation. So if you are not an exempt employee, you should get paid for over-time. The classification is actually based on the type of work you do or the salary you are paid. Typically, if you put in more than 40 hours in a work week, according to the Fair Labor Standards Act [FLSA], you should be paid overtime.
On the other hand, if you are in a sales, or management or executive position and receive pay on a salary basis then you may be classified as an exempt worker. Many white collar positions, such as salaried professionals, and those who work based on commissions are classified as exempt.
An employer may classify an employee as either exempt or non-exempt. However, some employers incorrectly classify employees as exempt. Whether intentional or not, it is illegal for an employer to misclassify a salaried employee as exempt just so that they can dump a load of work on the employee and avoid paying overtime. Meeting certain provisions of the FLSA is the only way to verify that an employee is correctly classified as exempt or non-exempt.
According to FLSA regulations, it is possible for an employee’s pay to be deducted for absences due to illness, including work-related accidents. However, most organizations are required by law to have a plan or insurance policy in place to provide compensation for work-related accidents.
Some employers offer paid vacation days to employees as one of their perks, but this is not a legal requirement. In a situation where an employee has unused vacation time, under federal law, the employee is not required to be paid for that time, although some states have made it mandatory.
It can be very confusing to know whether FLSA requires an employee to be classified as exempt or non-exempt. For an employee working long hours but not being paid overtime, unless that person is in sales or management, it is usually best to call an employment lawyer to help with some clarifications and see if the employer is taking advantage of the exempt classification.
When there are questions about income, overtime, and fair wages, it is best to call the employment lawyers at Consumer Action Law Group and get the answers needed. Call 818-254-8413 to know the exempt employee rights.