Employment Litigation Lawyer
Every employee deserves to work in an environment in which rightful wages are received. Those who work for a company may wonder what it means to be an exempt or nonexempt employee, and how that may relate to whether they receive overtime payment or not. Sometimes, an employer does not uphold a standard that should be given to employees, either out of negligence or poor intent. For example, an employer may knowingly permit their nonexempt employee to work hours of overtime, but then not pay them for these hours worked after all.
In the article here, we have answered a series of common questions employees may have about FLSA standards. Please read on further to find out more information, that we provided through a question and answer format.
What does FLSA stand for?
FLSA stands for Fair Labor Standards Act, which is a federal law that comprises of minimum wage, record keeping, child labor measures, and eligibility for overtime pay. These standards can impact both full-time and part-time employees who either work in the federal/state/local governments or private sector.
What is the difference between a nonexempt and exempt worker?
All employees are covered under the Fair Labor Standards Act. Workers who are considered exempt are not able to receive overtime payment. However, nonexempt workers can earn overtime payment. An employee can start accumulating over time once he or she has reached over the 40 hour mark during his or her workweek. Whether a worker is qualified to receive this overtime payment is based on three tests:
- Minimum Salary Threshold Test = the minimum threshold for workers is $445 every week, which totals $23,660 every year.
- Duty and Discretion Test = the worker must qualify as a computer professional, professional, administrator or executive.
- Salary Basis Test = worker shall be paid on an annual salary frequency
How is an employee’s primary duty determined?
Primary duty entails the majority, principle or main job role that an employee is responsible for performing. In general, employees that spend more than half of their time invested in a certain task, will have this considered as their primary duty requirement. There are many factors that may be taken into consideration when an employee’s primary duty is determined, including the following:
- The comparative importance of the employee’s major role, as compared to other duties;
- The employee’s level of freedom from direct supervision;
- The amount of time or hours spent completing these primary duties;
- The connection between the employee’s salary and his or her coworkers who perform similar types of duties.
What are the rules for nonexempt employees?
Nonexempt employees can work from home every so often with the approval of their supervisors. It is important to note that trivial periods of time spent working from home may not always have to be recorded. Those who find themselves confused or unsure about the difference between non exempt and exempt employee laws, may turn to an attorney, like an employment litigation lawyer in Washington, DC from Eric Siegel Law, that is familiar with FLSA standards.