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Albut Law
Business Law, Employment Law And More In San Diego, California

Exempt Employee Vs. Nonexempt Employee

There are two types of employees in the workforce today, classified as exempt, and non-exempt. It is vital that an employer knows how to properly classify an employee. If an employer crosses the lines between exempt and non-exempt, they could be breaking state or even federal law. Know how to classify your employees now before it is too late.

An exempt employee is exempt from the requirements set by the California Fair Labor Standards Act ("FLSA"). Meaning they do not have to be paid overtime or given any mandatory rest breaks. An exempt employee receives a salary and does not receive hourly pay. An exempt employee usually performs the professional duties of an executive or administrator.

The FLSA says that a non-exempt employee must be paid overtime in the amount of time and a half of their regular pay for any amount of time spent working over 40 hours in one week. It is mandatory that the employee must be paid a minimum wage (set by the state) for every hour spent working. A non-exempt employee must also be given mandatory meal and rest breaks.

The title of an employee's job does not guarantee them to be exempt from the FLSA. There are many factors that determine their classification. Such as the type of work they do and the amount of money they make per week.
Whether you are an employee or an employer, attorney Christian J. Albut is happy to answer all your questions regarding your employee classification.

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