Employee Should Be Exempt Or Nonexempt

The Fair Labor Standards Act, or FLSA, was initiated in 1938 to inaugurate minimum wage and overtime pay, documentation and worker registration, and child labor standards. It currently states that all employees are authorized to a minimum wage of no less than $7.25 per hour. It also explains that overtime pay is to not be less than one and a half times the regular pay after the 40 hours of required work per week. There is no restriction on the amount of hours that employees 16 years or older are able to work in a week and does not necessitate overtime pay for work on the weekends, holidays, or established days of break, except if overtime is worked on those days.

The Fair Labor Standards Act, hereafter referred to as “FLSA”, was deigned to ensure that hourly workers, or “non-exempt” employees, would be guaranteed a minimum wage and overtime pay to be paid a rate of not less than one and a half times the employee’s regular rate for all hours worked over 40 in a work week. (29 CFR Part 541)

According to The Wage and Hour Division (2016) The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA requires employers to pay employees on a regular payday, in relation to the work period. Employers must pay employees all hours worked per work week, without averaging or moving hours to minimize overtime pay, each week stands alone. The Wage and Hour Division (2016) states overtime must be paid at a rate of at least one and one=half times the employee’s regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. Where violations exist in relation to overtime pay or minimum wage enforcement through legal remedies go into effect, allowing employees to get paid back for their loss of wages, or liquidated damages.

The CEO and the average workers fall into two different categories the exempt and non-exempt. With the exempt positions they are salary paid therefore they are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. On the other hand nonexempt employees are not exempt from FLSA requirements. These employees 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 rate for any hours worked

By this definition an employee can expect to receive a guaranteed minimum amount of pay each pay period. If an employee works a minimum of one hour during a work period the employee should receive the full amount of the guaranteed minimum payment. The salary basis test is subject to many exceptions and interpretations. An employee, who receives benefits for sick leave that is accrued in some type of benefit plan, for example, is still considered exempt. Employees who do not work at all during a pay period can also have reduced pay, this does not mean they are not on salary but that they performed no work duties. One exact exception is that computer professionals may be paid hourly and still be considered exempt, as long as his/her hourly wage is at least 6.5 times the minimum wage.

The Fair Labor Standards Act (FLSA) addresses issues of overtime, pay child labor, and minimum wage. Also per the FLSA, it is required of employers to properly classify employees as either exempt or non-exempt, based on the primary duties and responsibilities of the position. Keeping in mind that the title of the position has no bearing on determining the classification. Now, it is common knowledge that companies find ways to classify employees as exempt, to avoid compensating for overtime. Overtime pay is a requirement of FLSA that is costly, in that employers are required to pay time and a half for hours worked over 40 hours in a work week, in addition to regular pay. This not only affects expenses but productivity as well. Take for example a nonexempt employee who does not

Both these voluntary clauses identify in brief form the obligations that employers have under current legislation. They can often be helpful, particularly when used in conjunction with a clause outlining the obligations of employees, in establishing the commitment of both parties to a successful relationship.

Employers should familiarize themselves with the laws regarding overtime and meal and rest periods in the states in which they operate. It is recommended that employers consult with an attorney in developing and implementing a policy on mandatory overtime, as they should with any new

There are several reasons Amy classified Jane an exempt employee besides her job title. Jane administrative duties was coefficient with administrative job duties. For instance, “she is part of the management team,” runs the floor, make similar decisions as the manager, assigns the associates to various work areas as needed, and offers feedback to the employee’s job performance (Martocchio, 2015, p.49). Although the characteristics of

The Fair Labor Standards Act sets the minimum wage rate and requires employers to pay employees overtime for any hours worked over 40 per week. The Fair Labor Standards Act also requires employers to pay employees one and one-half times their regular pay per hour for overtime hours worked. Under the Fair Labor Standards Act jobs are either exempt on non-exempt. Non-exempt employees are entitled to overtime pay under the Fair Labor Standards Act. Exempt employees are not covered under the Fair Labor Standards Act. Under the Fair Labor Standards Act an exempt employee is entitled to receive their base salary. In order for an employee to be considered exempt the employee must earn at least $455 per week and paid on a salary basis along with performing

The shift leaders are correctly classified as exempt. They meet all the conditions under the Fair Labor Standards Act of an exempt employee in any company. Exempt employees are workers who due to their responsibilities and positional duties as well as the level of authority in the decision-making process in the business, are exempt by the law (Fair Labor Standards Act) from getting the overtime provisions (Kilberg et al., 2009). Despite the personnel being nonexempt or exempt it highly contingent on the payments that the employee receives and the mode of payment. The job duties that they perform in the company also greatly determine whether at the end of the day they will receive the compensation regarding overtime overpayments. The exempt personnel, however, are expected by the businesses they work for to do their duties for whatsoever hours that is essential to complete the deliverables and the goals of their exempt working positions. Henceforth, the exempt workers should have more tractability in their timetables to perform the duties as needed to achieve the tasks in the organization than when compared to the flexibility of the hourly employees and the non-exempt (Vogel et al., 2007).

The Fair Labor Standards Act (FLSA), also known as the federal wage and hour law, covers laws regarding: equal pay to equal work, child-labor, requirements for record keeping, minimum wage rates, and overtime pay. In the hospitality business, the FLSA requires all hotel and motel employees to be paid 1.5 times their normal wage rate for every more that is worked over 40 hours per week. Since hotels are open 24/7, the FLSA does not require employees to get paid extra for working on weekend like other businesses would. However, some Union companies have different policies that favor the employees more, and in this case, the company would follow the union rules instead of those set by the FLSA. In cases that state laws differ from federal, hotel would comply with the laws that provide greater benefits for the employees. “The FLSA requires employee to be paid for all time worked, including fractions of an hour” (Cote). Many employers will not compute each minute nor second worked but instead will break the hour into

The employer could argue that accommodations were made to suit the needs of all their employees. Once the two employees complained of being cold they decide to remedy the situation by leaving the overhead door open when temperatures were 68 degrees or higher. When the temperature were below 68 degrees the employer kept the closed. They could argue that the majority of the employees who worked in the building were comfortable with the temperatures. It can be hard trying to please each and every single employee when it comes to issues such as this one. The employer did what they thought was best, by making the adjustments to when the overhead door would be open. They could also argue the type of clothing Drake wore to work. If the cold

The employees in Illinois are classified as non-exempt and receive hourly wages and then some are classified as exempt, exempt employees are compensated by the means of annual salaries. The Fair Labor Standards Act is administered and regulated by the United States Department of Labor’s Standards Administration’s Hour and Wage Division. However, the Illinois Department of Labor provides the following exempt and non-exempt employees… Non-exempt employee’s duties consist of driving vehicles, operating machinery, repairing equipment, bookkeeping, cashier work, food service and preparation, delivering merchandise, and so on. Now those exempt employees duties consist of items such as scheduling employees, hiring and firing employees, formulating personnel policies, determining credit policies, determining staffing levels, assessing employee performance, making company investment decisions and so on. As for the non-exempt employees in Illinois are covered by the Fair Labor Standards Act that requires employers to pay employees who are not otherwise exempt at least the federally known minimum wage and overtime pay of one-and-one-half-times the regular rates of pay. However, for those of nonagricultural operations, it comes to restrict the hours that children under the age of 16 years-old can work and forbid the employment of children under the age of 18 years-old in certain jobs that are and maybe deemed too dangerous for them to handle.

An employee will be able to choose, based upon a voluntary agreement with his or her employer, to have his or her overtime compensated with paid time off. This option has been available for federal, state, and local governments for many years. It is referred to the committee of “House Education and the Workforce”(www.congress.gov).