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Distinguishing between Exempt and Non-Exempt Employees for Overtime Work

By Edited Aug 20, 2015 0 0

Non-Exempt Employees

Most employees who perform manual work are considered non-exempt employees. However, there is a single important factor that differentiates them from exempt employees. While exempt workers are paid monthly based on a fixed salary, non-exempt are paid on an hourly basis. Some job positions that are non-exempt include carpenters, construction workers, metal factory workers, etc.

If you are a non-exempt employee and you were not allowed by your employer to work overtime, contact the Wage and Hour Division (WHD) and an experienced labor law attorney in Los Angeles to file a legal dispute case. The WHD and your lawyer would work together in order to provide you the benefits you deserve.

Working beyond office hours is a very popular way to increase an employee's wages. But there are workers who are not allowed to work overtime under the law. If you are a non-exempt employee but your employer refused to pay your overtime work, get a Los Angeles employment attorney and submit a complaint.

Working overtime is one way for an employee to earn more. However, not all employees can get compensated even if they work beyond working hours. Those who are exempted from overtime work are often called exempt employees.

How would you know if you are an exempt or a non-exempt employee? Here are some important factors to differentiate between the two:

Exempt Employees

These are employees who receive monthly salaries and fixed wages. There are several categories of exempt employees based on their job positions and responsibilities:

  • Executive positions – An employee with an executive position manages large-scale company operations and functions.
  • Administrative responsibilities – An employee who has at least two subordinates has an administrative position.
  • Professionals – Professionals are highly-trained employees who excel in a certain kind of work.
  • Knowledge-based professionals – These are employees who mainly use their knowledge when working and finishing activities.
  • Skill-based professionals – Similarly, these are professionals who are paid because of their exceptional skills in performing certain tasks.
  • Creative artists – Graphic artists, writers and painters are included in this group.
  • Computer-related jobs – Computer programmers and technicians are also exempted from working overtime.
  • Sales representatives – When a sales representative spends his work working away from the company premises, he is an exempt employee. On the other hand, if he works within the company premises, he is a non-exempt worker.

If your job is under one of the subcategories above, you are not entitled to receive compensation for overtime work.



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