What is the Difference Between Exempt vs Non-Exempt?
An exempt vs non-exempt status determines whether a worker has the right to overtime pay. Under the federal Fair Labor Standards Act, employers are required to compensate employees by one and a half times their normal rate of pay when they work over 40 hours in one workweek. This law excludes having to pay an employee overtime for working on weekends or holidays, unless they have already met the 40 hour threshold.
Many employers try to avoid having to incur the expense of overtime pay, so they often misclassify exempt vs non-exempt employees to save money. The total cost of having to abide by properly classifying employees exempt vs non-exempt includes the additional rate of pay, state taxes and federal taxes. This can quickly add up to thousands of dollars, which is why millions of employers try to take advantage of workers by forcing them to work more hours than they are required to.
At one point or another, you may have wondered whether or not your position is appropriately categorized as exempt vs non-exempt. These categories determine if you are eligible for overtime pay or if the additional hours you work is part of your job. Your status as exempt vs non-exempt can be determined by your employment contract or by the job description that was provided to you when you were hired. Even if you are a salaried administrative, executive or professional employee, you may be able to pass certain exempt vs non-exempt tests which will allow you to get overtime pay.
An attorney that has experience with exempt vs non-exempt labor laws will be able to determine if your position is not properly categorized and what, if any, remedies are available to properly compensate you for your unpaid wages. The qualified attorney will see if you pass a two-prong test which takes into consideration your salary basis and your duties to see if you are exempt vs non-exempt.
A labor laws lawsuit is a complex legal action, especially when it calls into question your job's classification as exempt vs non-exempt. When you work with a qualified attorney that has experience trying exempt vs non-exempt lawsuits, you have access to their years of knowledge and court room experience. Your attorney will create a legal strategy that is based on your particular set of circumstances to ensure that your exempt vs non-exempt lawsuit has a fighting chance.
The lawyer will handle all aspects of the case including the phone calls, emails, letters, as well as the research and appearances that are required of a skilled attorney. They are also able to come up with a legal strategy that will work for your particular circumstances so that you get the restitution that you deserve.
When deciding if you should begin an exempt vs non-exempt lawsuit, it is advisable that you seek out a qualified attorney who will be able to handle your case. Time is of importance and a complex case such as this one needs to be commenced as soon as possible.
