Salaried Employee Rights – Exempt vs. Non-Exempt
Do you have any? Of course you do and plenty of them!
First - Knowledge is Power! - and Knowledge in this case comes from reading my article on United States Labor Law.
It really boils down to whether you are classified correctly or not, as either exempt or non-exempt!
Do you need protection under the Whistle Blower Law?
Or do you need a Whistle Blower Lawyer?
The biggest violation of most organizations against salaried employees is in how they charge for sick and vacation time.
Most organizations want it both ways and that simply is not fair!
What do I mean by this as it relates to salaried employee rights?
First the organization expects you to work long hours and more than five days a week. Under normal circumstances this is what we expect to do as a salaried employee.
However, then we turn around and say that we need a couple of hours to take care of some private business during the work day and POW, that’s when they hit us below the belt!
They try and penalize us in some way for taking that time off.
In most states they can’t do this and this is one of those salaried employee rights that we talk about. At best they can charge you for a half a day or a full day, but not deduct you for hours. If they do this it may constitute them considering that you are an hourly employee and may be subject to back overtime pay. Of course you will want to check with a legal professional from your state, or get your hands on a copy of the state rules on classifying salaried employees.
Working for the federal government is a little different which makes no sense, but you have to understand the source. Until you get way up into the higher levels of management everyone is paid overtime if they go beyond 8 in a day or 40 in a week.
Even though it’s sold as an employee manual Standard Legal Software is an excellent source for getting the right information on your specific state and you can pick their software up for less than $35, which is less than an office visit with an attorney.
The software is prepared by attorneys and includes all states. Wouldn’t it be nice to find out if your company is treating you fairly?
Just for your own knowledge exempt generally refers to someone that is not covered under the overtime laws. Now keep in mind you must check with your state but the Fair Labor Standards Act (FLSA) provides employers and employees with information about the Federal minimum wage, overtime, child labor and record keeping requirements. If you don't have a copy posted in your workplace, Standard Legal can provide them!
This will also help you understand what classifies an exempt employee from a non exempt one.
This will make a difference as it relates to overtime pay!
However, there are very strict rules regarding how to classify someone as an exempt employee, and this is where a lot of organizations go wrong. They are just trying to save money!
It will help you greatly!