The key difference between exempt and non-exempt employees is that non-exempt workers are entitled to certain protections under the Fair Labor Standards Act, a federal law that sets minimum wage and overtime requirements. And although the FLSA has evolved since its passage in 1938, one thing re...
The main difference between exempt and nonexempt employees in the U.S. has to do with how they're paid and whether they're eligible for overtime pay. There are also tax implications and misclassification penalties to consider when complying with federal and state wage and hour laws. Fortunatel...
The activities constituting exempt work and nonexempt work are construed in the same manner as those terms are construed under the FLSA and federal regulations. Exempt work includes, for example, all work that is directly and closely related to exempt work and work that is properly viewed as a...
California courts narrowly construe the exemptions explained above. The employee must “plainly and unmistakably” meet the standard required for the exemption.88Otherwise, the employee should be classified as nonexempt. This standard strongly favors the employee, and the employer has the legal burd...
As a nonexempt employee, you must record your work hours. Whenever you are required to be at work, it’s considered work time even if there’s not much to do. For example, if you must remain at your desk waiting for customers, those hours count as work time, even if you’re watchi...
What is nonexempt employee? Nonexempt employees, as the term implies, are not exempt from FLSA requirements. Employees who fall within this category must be paid at least the federal minimum wage for each hour worked and given overtime pay of not less than one-and-a-half times their hourly...
In California, exempt workers are not protected by wage and hour laws. Non-exempt workers are protected by these laws, giving them rights to overtime pay.
Non-exempt employees are eligible for the federal minimum wage and overtime compensation. The federal government computes overtime pay as one and a half times the employee's hourly rate for each hour worked over a typical 40-hour workweek.
Misclassifying employees can result in enormous financial consequences for a business. Understand the difference in exempt and non-exempt employees.
Alternatively, nonexempt employees may be paid on an hourly, piece, salary, commission, or other basis provided the employee is paid at least the federal minimum wage for each hour worked and for overtime at a rate not less than time and one-half the employee's regular pay rate. Compare...