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Exempt employees are 'exempt' from federal overtime rules and regulations, based on specific qualifications put forth by FLSA rules. (Executives, professionals, etc.) Non-Exempt employees are paid by the hour, and are subject to federal overtime rules (time and a half, for all hours worked over 40 in a pay week.) All hourly employees are non-exempt, all exempt employees are salaried, but not all salaried employees are exempt. Salaried employees must pass specific FLSA criteria to be categorized as 'Exempt', and therefore exempt from overtime rules.
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If you are a salaried non-exempt employee can your employer deduct partial days from your pay?
AnswerA non-exempt employee is an hourly paid employee. Therefore, he is paid according to the time he works; no more, no less. An exempt employee is a salaried employee who gets paid the same amount regardless of how much he might go over 40 hours in a week. As for if the exempt employee gets paid for taking off half a day, it depends on the wage and hour laws of the state. ************The information stated above is correct, however, it does not answer the specific question being asked. The above question is asking about a SALARIED NON-EXEMPT employee and not a SALARIED EXEMPT employee. There is a difference.Dealing only with non-exempt employees, yes, generally a non-exempt employee is an hourly paid employee who is paid for the actual hours they work. There can also be SALARIED FOR FIXED HOURS non-exempt employees and SALARIED FOR PARTIAL HOURS non-exempt employees. These positions are paid a set amount per week, with anything over 40 hours being paid time and a half. e.g. If they work 35 hours in a week they still get the full salary amount. If they work 42 hours in a week they get the full salary amount plus two hours overtime. The Department of Labor has a lot of information on these positions.If you are a salaried non-exempt employee, I do not believe your employer can deduct for partial days worked. If you miss work because of sickness, leave of absence or can't make it in, then a full day deduction may apply.
If employee is exempt from FICA is employer also exempt from contributing to FICA for that employee?
Yes.
Is an exempt employee titled collections specialist entitled to overtime?
Titles do not matter. Work duties matter. The USDOL Wage & Hour Division site lists the job factors that make an employee non-exempt from overtime rules.
How are IT positions classified as exempt or non exempt?
IT people come under 'Exempt' Category.
Hi. office closings ?
Hi. office closings along the circumstances you describe are similar and can be compared to a situation where there's some natural disaster, or extreme circumstances that force an employer to shut down for a few hours (or sometimes even a few days, or more). The fact that an organization was impacted by the set of circumstances in only one office/location, is not relevant. The treatment of employees' wages in this type of scenario depends on the exempt/non-exempt status of the workers affected by the events. If the employee is exempt, and worked any portion of the work week, he/she should be paid their full salary, regardless of shut down (this is also the case if an office closes for several hours due to a snow storm, for example). However, in cases where an employee is non-exempt, then the employer does not have to pay the affected employee for the time the office is not operational (bearing in mind that if an employer takes deductions from a non-exempt salaried employee - this might impact the manner in which overtime is later calculated)
Is Time and half mandatory after 40 hours per week?
If you are a nonexempt employee, yes. If you are an exempt employee, no.
Can a California employee waive right to overtime?
No. This is a non-waivable statutory right. An employer can't require you to waive. The only issue is whether you are an exempt or non-exempt employee. Exemptions depend on the nature of your work, not how you are paid or how an employer chooses to classify you or what title you have. Thus, it is the law that determines whether your are exempt or not from the right to be paid overtime, in the context of your job duties, as they are actually performed. If an employer does not pay you overtime, or pays you on a salary basis, or has you sign a document waiving overtime pay, none of those things will govern whether or not you are exempt from overtime premium pay. In fact, requiring an employee to sign something waiving overtime pay is likely illegal and, if you are not properly an exempt employee, an unenforceable document.George L. de la FlorLAW OFFICES OF GEORGE L. DE LA FLOR, APC8355 La Mesa Blvd.La Mesa, CA 91941(619) 698-2926Fax: (619) 698-7540
Can an exempt employee do after hours work for the same employer on a non company related project and not be considered an employee?
I am interpreting this question as "can an exempt employee do 'off-the-clock' work for their primary employer? The answer to that is no. If an exempt employee is doing required work for the organization, it doesn't matter what time of day or night, or what day of the week that the work is being done. They are always considered an employee while performing a project or function for their employer company. The employee can, however, volunteer for an organization (non-profit for example) as part of their community service a group of co-workers from their regular employer. They would not be considered working in that case because it is not required and the employer simply supported the service activity. For instance, the employee joins a Habitat for Humanity volunteer team with others from their organization and they get hurt on the jobsite. This is not a workers comp claim because it was not a work activity. All work is done at the risk of the individual volunteer. If you are asking if an employee can work on an employer's site, on a non-work related project, and on a project that is not required... the issue is whether or not your employer is willing to allow you to use their office and resources for your project.
Are tax exempt employee benefits more of an advantage than a tax deferred benefit?
Exempt benefits are better...as exempt means not taxable. Deferred means not taxable now..but will be at some time.
Can an employer refuse to send an employee to Training because of the age?
Almost all non-government employers smaller than 20 employees CAN do so, since they are exempt from the Age Discrimination Act.
Can a former employee tell non employees about why you were fired?
A former employee is a non employee. You can discuss what you want.
Can a part time non-exempt employee working 24 hours per week be asked to work 30 hours per week without additional pay?
Yes, the employee can definitely be asked. He then has three basic options in response: Comply, negotiate, or walk.
