Comments on: FLSA: To exempt or not to exempt http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/ Daily dose of benefits news and know-how Sat, 18 Jun 2011 21:36:33 +0000 hourly 1 http://wordpress.org/?v=abc By: Brenda http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-1126 Brenda Fri, 17 Oct 2008 18:40:26 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-1126 I have another question? Along these lines. Here's the thought. Upper managment (say VP) hires someone that is non-exempt but they list them as exempt. Then, they find out they have misclassified them. Does everyone that falls under that one upper management person (VP) now become non-exempt? I feel I have read that somewhere. I have another question? Along these lines. Here’s the thought. Upper managment (say VP) hires someone that is non-exempt but they list them as exempt. Then, they find out they have misclassified them. Does everyone that falls under that one upper management person (VP) now become non-exempt? I feel I have read that somewhere.

]]> By: Cheryl Proctor http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-1124 Cheryl Proctor Fri, 17 Oct 2008 15:14:58 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-1124 Thank you everyone for your responses! This has helped me understand more clearly the definitions & conditions of exempt & non-exempt employees. Thank you everyone for your responses! This has helped me understand more clearly the definitions & conditions of exempt & non-exempt employees.

]]> By: Rachael http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-1123 Rachael Fri, 17 Oct 2008 14:46:04 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-1123 The classification for exempt status should be based on criteria established by the Department of Labor. The job requirements to be exempt should include a few things, supervision of other employee, does the job require an advanced degree, does the person make decisions independently, etc. There are a few more that you can look up, but that gives some guidelines to follow. I usually advise if you are unsure, then you are safer classifying as non exempt. The most important thing to remember when classifying is that you are looking at the job functions itself and not the person performing them. As far as Brenda's question is concerned, it is most certainly true, that if an employer classifies an employee as exempt and they should be non-exempt, then if the employee worked any overtime the employer would have to go back and pay based on the total comp. This is why it is so important to keep accurate attendance records. The classification for exempt status should be based on criteria established by the Department of Labor. The job requirements to be exempt should include a few things, supervision of other employee, does the job require an advanced degree, does the person make decisions independently, etc. There are a few more that you can look up, but that gives some guidelines to follow. I usually advise if you are unsure, then you are safer classifying as non exempt. The most important thing to remember when classifying is that you are looking at the job functions itself and not the person performing them.

As far as Brenda’s question is concerned, it is most certainly true, that if an employer classifies an employee as exempt and they should be non-exempt, then if the employee worked any overtime the employer would have to go back and pay based on the total comp. This is why it is so important to keep accurate attendance records.

]]> By: Evelyn http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-1105 Evelyn Thu, 16 Oct 2008 18:27:56 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-1105 Exempt and Non-Exempt refer to the Fair Labor Standards Act (FLSA) which decrees that workers must be paid overtime if they work more than 40 per week and must have an hourly rate that is at least equal to minimum wage. http://www.flsa.com/coverage.html An Exempt job is not subject to the provisions of the law; a Non-Exempt job is. To be Exempt from the law, a position must be paid on a salaried basis and fit into one of several Exemption categories. You'll find a lot of information about this online. Exempt and Non-Exempt refer to the Fair Labor Standards Act (FLSA) which decrees that workers must be paid overtime if they work more than 40 per week and must have an hourly rate that is at least equal to minimum wage. http://www.flsa.com/coverage.html

An Exempt job is not subject to the provisions of the law; a Non-Exempt job is. To be Exempt from the law, a position must be paid on a salaried basis and fit into one of several Exemption categories.

You’ll find a lot of information about this online.

]]> By: Brenda http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-856 Brenda Sun, 21 Sep 2008 00:18:10 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-856 If someone is misclassified, I read somewhere that everyone under that manager's supervision is subject to hourly and not salaried. Is this correct? If that person quits, is money still due to them because of the misclassification? If someone is misclassified, I read somewhere that everyone under that manager’s supervision is subject to hourly and not salaried. Is this correct? If that person quits, is money still due to them because of the misclassification?

]]> By: Darlene Brown http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-518 Darlene Brown Thu, 28 Aug 2008 18:09:47 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-518 Yes, could you please clarify for me the difference between exempt and non-exempt and salaried. Does an exempt employee receive their salary regardless of whether they work 30 hours a week or 60 hours a week. Does an exempt employee receive salary regardless of whether the company is open or closed for business and does not have to take vacation days for days closed for business (example: day after Thanksgiving or other Holidays) Yes, could you please clarify for me the difference between exempt and non-exempt and salaried. Does an exempt employee receive their salary regardless of whether they work 30 hours a week or 60 hours a week. Does an exempt employee receive salary regardless of whether the company is open or closed for business and does not have to take vacation days for days closed for business (example: day after Thanksgiving or other Holidays)

]]> By: Cheryl Proctor http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-342 Cheryl Proctor Thu, 14 Aug 2008 18:23:38 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-342 Does being an exempt employee simply mean I am exempt from receiving over-time pay for any hours beyond my regular work week? Would a non-exempt employee be one who does receive over-time pay for any hours beyond his/her regular work week? So exempt and non-exempt refers to being eligible to receiving over-time pay? What determines who is an exempt or a non-exempt employee? Does being an exempt employee simply mean I am exempt from receiving over-time pay for any hours beyond my regular work week? Would a non-exempt employee be one who does receive over-time pay for any hours beyond his/her regular work week? So exempt and non-exempt refers to being eligible to receiving over-time pay? What determines who is an exempt or a non-exempt employee?

]]> By: judy connelly http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-120 judy connelly Wed, 28 May 2008 15:53:36 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-120 Yes- please someone give me a clear definition of what classifies an employee as exempt or non- exempt. Thank you. Yes- please someone give me a clear definition of what classifies an employee as exempt or non- exempt. Thank you.

]]> By: Cheryl Proctor http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/comment-page-1/#comment-66 Cheryl Proctor Thu, 08 May 2008 18:33:37 +0000 http://www.hrbenefitsalert.com/flsa-to-exempt-or-not-to-exempt/#comment-66 Would you please help me understand the difference between exempt and non-exempt status? Thank you. Would you please help me understand the difference between exempt and non-exempt status? Thank you.

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