HSD Legal
Guide to all aspects of law and legal issues covering corporate and family law, intellectual property, product liability and personal injury.
Navigating Through Real Estate Law
You may be looking forward to owning your first piece of property, but you should know what to look out for before you make a purchase. Working with a real estate agent can help you to avoid the most obvious pitfalls, but you must learn how to rely on your own instincts as well. Educate yourself on real estate law and locate the best property for your lifestyle.
US Tax Laws And Penalties
Taxes are essential for the continued operation of social services, local governments and public school systems. There are stiff penalties those that attempt to paying their taxes, but some taxpayers do make genuine mistakes when they underpay their taxes. Learn what your rights are when it comes to tax codes and laws.
Felony Charges
Felony offenses can have a negative impact on your personal life, finances and your employability, but more importantly it can cause you to lose your freedom. In some cases felony charges can stem from false allegations or circumstantial evidence. Make sure that you consult with an attorney and find out what your rights are before you head to court.
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Home · Guides · Differences Between Exempt and Non-Exempt Workers
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Differences Between Exempt and Non-Exempt Workers
The fundamental difference, legally speaking, between an exempt and a non-exempt employee rests in the issue of overtime and who should be paid for working more hours and who should not. An exempt employee is one who is not liable to be paid either money for overtime work or the minimum wage as put forward by the Federal Labor Standards Act (FLSA). The definition of an exempt employee is quite strict and refers only to executive, professional or administrative workers however it goes beyond just the employee’s job title and an exempt employee must earn either exactly $455 per week or over and there are also an essential set of rules and guidelines that they must follow to be considered exempt.Non-exempt employees are quite different. The FLSA maintains that non-exempt employees are required to be paid both the minimum wage (at least) and are subject to be remunerated for overtime work. Indeed, the FLSA further clarifies the position by stating that for every hour worked over the standard 40 hour working week (therefore taking the employee into overtime work) the worker must, by law, be paid 1 and a half times their normal hourly wage.
There are quite a lot of employers who are unaware of the intricate details that surround the exempt vs. non-exempt status and law and whether you are non-exempt or an exempt worker has much more to do with your actual duties and responsibilities within the workplace as opposed to just your job title or position. Indeed, many companies have found themselves in some legal trouble over overtime and minimum wage pay as they have failed to understand the key difference between the two employee statuses and oftentimes the employee has successfully took legal action to be compensated for unpaid hours that they have worked.
06.10.2011. 14:54