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Exempt Employee or Non Exempt Employee That is the question!

Misclassification

Many noteworthy class action lawsuits have come down to an employer misclassification of nonexempt employees. Let’s look at the facts.

In the US, generally there are two types of employees- ‘exempt employees’ and ‘non-exempt employees.’ The difference? The most significant differentiation is with the issue of overtime work. The Fair Labor Standards Act (FLSA) is the federal law that regulates these distinctions. The FLSA states that employers are obligated to pay at least minimum wage for up to 40 hours per week as well as overtime pay. It also specifies that exempt employees are not entitled to overtime pay.

CALIFORNIA LAW

“While California law has more rigorous standards than federal law, federal law still warrants some attention. For one thing, the Department of Labor Standards Enforcement (DLSE) has indicated that, although there are differences between the state and federal exemption standards, the federal regulations may serve as a guide where there is no conflict.”https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx

California law is based on the premise that every employee is a non-exempt employee. This means that they are entitled to overtime pay, meal and rest breaks, and minimum wage, per our federal labor laws. Exempt employees are ‘exempt’ from certain wage and hour requirements as they pertain to their pay and duties. Essential to understand and be aware of is that the employer bears the burden of proof in regards to an employee’s exemption.

Exempt Employees in California

In many cases, there are three simplistic requirements that determine whether a worker is an exempt employee under California law:

“Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment.
White Collar Duties. The employee’s primary duties must consist of administrative, executive, or professional tasks.
Independent Judgment. The employee’s job duties must involve the use of discretion and independent judgment.
If all three requirements are met, the employee will usually be classified as “exempt” from overtime, minimum wage, and rest break requirements (but not meal break requirements). There are, however, many caveats to this test.” https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx
In Conclusion- Understand your Rights as an Employee

If you have any questions about your status as a worker in California it is imperative that you talk to an expert. The rules and regulations pertaining to exempt and to non- exempt status are not simple to navigate and employers have often used the complexity of the rules to their advantage.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

Working with a professional who understands the complexities associated with employment law will improve the chances of you being protected. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation.

Insights on artful litigation

The 5 Most Dangerous Intersections in California

Any number of situations can lead to an auto accident. Distracted driving, speeding, and equipment failure are just a few of the reasons car crashes occur. Sometimes, the design of an intersection also plays a part in auto accidents.

What is the Statute of Limitations for Car Accidents in California?

Between 2015 and 2016, many statistics for car accidents in California saw increases. The number of fatalities related to accidents went up by 7 percent. Fatalities involving impaired drivers, motorcyclists, and passengers not using seat belts all increased. Even fatalities involving cars vs. bicycles, cars vs. pedestrians, and teen drivers increased.

I Was Injured by a Drunk Driver. What Should I Do?

Drunk driving is still a leading cause of death in vehicle crashes. Per National Highway Traffic Safety Administration statistics, every 48 minutes a person dies as a result of a crash involving a drunk driver. If you’re involved in a crash with a drunk driver, call the police and seek medical care. You might feel fine, but adrenaline can mask the pain and discomfort for a few hours.

Will My Personal Injury Case Go to Trial?

Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

What Should I Do After a Bicycle Accident?

When you’re in an accident on your bicycle, call the police. Of course, if you’re badly injured, you’ll have to rely on a witness to do this for you. If you feel fine, you still must call the police. You might find more damage to your bicycle than you first thought. You don’t want the driver to leave without having a way to get hold of that driver down the road.

Motorcycle Accidents – 5 Statistics That Will Leave You Shocked

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

Hit By A Car Crossing The Street? Here’s What To Do Next

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

California Personal Injury Law Basics

If you’ve been injured in an accident, or on someone else’s property, you may be entitled to compensation. But US personal injury law is not consistent across all states. In fact, there’s nothing whatsoever in federal law about personal injury. Personal injury cases are decided on the basis of tort law, which varies by state. […]

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