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Distinguishing Exempt from Non-Exempt Workers

By Edited May 13, 2015 0 0

Fair Labor Standards Act (FLSA) aims to protect the rights of workers in each state by providing them with just compensation. This way, workers would not be overworked and underpaid as they will be properly compensated for their hours of work. However, there are some who are not covered by this law as they are involved in certain industries or hold job positions where they are paid on a salary basis.

These exempt workers, unlike most employees, are not paid by the hour which means they do not have to keep track of their working hours for as long as they accomplish their duties and responsibilities to their employer. However, the FLSA does not prevent employers from asking their workers to maintain a record of the time he went to work.

Employees exempted from overtime pays are usually professionals and those in the executive positions as well as administrators who are responsible in managing other workers.

Examples of exempt workers also include farm workers, seamen, outside sales persons, as well as software professionals who earn at least $41 per hour. Parents, children, and spouse of employers are also exempted from overtime pays. To know if you are classified under this category, it would be best to consult with an expert who can determine your status.

Non-exempt workers, on the other hand, are expected to receive their hourly rate for working forty (40) hours per week and one and a half times of that rate for every hour they worked in excess. Unlike exempt workers, their monthly salary can be deducted for every work hour they missed.

Though the exempt workers do not receive overtime pays for the hours they've worked that exceeds 40 hours per week, they still are protected by the FLSA as they are assured that their salaries won't be deducted unless in certain special circumstances.

For instance, if a non-exempt worker who is paid on an hourly basis misses two hours of work, then, it will be deducted on his salary. However, if an exempt worker who is paid on a salary basis also misses two hours of work, his salary shouldn't be deducted.

Sadly, there are employers who misclassify their workers which results to lost benefits and salary. If you suspect that you are one of these misclassified workers, it would be best to have an employment law attorney assess your complaint and determine whether you can be compensated for your losses.



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