News Article Post: Post a news article which addresses the FLSA. Include a summa
ID: 418755 • Letter: N
Question
News Article Post: Post a news article which addresses the FLSA. Include a summary of the article and your analysis of whether the employee should have been classified as an exempt or non-exempt employee. Also, include comments on whether you would prefer to be an exempt or non-exempt employee, and why that would be your preference. News Article Post: Post a news article which addresses the FLSA. Include a summary of the article and your analysis of whether the employee should have been classified as an exempt or non-exempt employee. Also, include comments on whether you would prefer to be an exempt or non-exempt employee, and why that would be your preference.Explanation / Answer
exempted and non exempted employee
introduction
There are two basic types of employees in the workplace - “exempt employees” and “non-exempt employees.”
There are regulations which govern whether an employee could be exempt from receiving overtime pay. The most significant difference is pay for overtime work. The term “exempt” means exempt from being paid overtime
exempted employees
Certain types of employees, often classified as exempt employees, are not entitled to overtime pay as guaranteed by the Fair Labor Standards Act (FLSA).
To add to that, most states have their own wage and hourly rate laws that have even more requirements in addition to the FLSA.
The FLSA requires that employers must pay at least minimum wage for up to 40 hours in a work week and overtime pay for any additional time unless the employee falls into an exception category. In addition to the Federal Act, many states have their own set of wage requirements and laws and it is imperative that employers abide by both federal and state law to stay compliant.
In general, to be considered an “exempt” employee, you must be paid a salary (not hourly) and must perform executive, administrative or professional duties
The Fair Labor Standards Act (FLSA) recognizes three main categories of exempt workers:
1. Executive
2. Professional
3. Administrative
Administrative, executive and professional employees, salespeople, and STEM (Science, Technology, Engineering, and Math) employees can be classified as exempt and, therefore, ineligible for overtime pay if they meet the following criteria:
1. Employees are paid a salary as opposed to being paid on an hourly basis.
2. Employees earn at least $455 per week.
3. Employees are paid a salary for any week they work.
non- exempted employee
A non-exempt employee is entitled to overtime pay through the Fair Labor Standards Act (FLSA)
Also, some states have expanded overtime ,Employers are required to pay time and a half the employee’s regular rate of pay when they work more than 40 hours in a given pay week. Most employees must be paid the federal minimum wage ($7.25 in 2018) for regular time and at least time and a half forany hours worked over the standard 40.
summery and conclusion
Not all states have the same guidelines for exempt employees. For example, in California to classify an individual as exempt from overtime requirements, the employer must pay the worker at least $45,760 per year. All other employees would automatically be eligible for overtime regardless of job responsibilities. Workers earning over the salary threshold would still need to meet the other criteria for exempt status to be placed on that category. Also, non-exempt employees must be paid overtime wages equivalent to at least 1.5 times the California minimum wage of $11 per hour or $16.5 per hour.
In New York, the 2018 NYS salary threshold requires most employees who earn below $40,560 annually to be paid on an hourly basis and receive overtime pay.
summarize, there are fundamental differences between being classified as an Exempt or Non-Exempt employee. Certain employment categories and specific job types are considered exempt. In addition to this, the employee must meet the minimum salary requirements. While all Exempt and Non-Exempt employees receive basic protection from state and federal laws, non-exempt employees enjoy better legal protection from the government.
my point of view
That depends . Some workers would rather be employed in nonexempt positions to ensure they're paid for every hour they work. Others prefer the latitude that comes with salaried positions.
For example, most nonexempt employees are going to be held to a more stringent standard regarding things like casual time. Exempt employees can ordinarily spend a reasonable amount of time around the watercooler without incurring the boss's wrath; nonexempt employees' time tends be more closely monitored, and designated breaks are allowed only at certain times during the workday.
Generally, exempt employees are paid more than nonexempt employees, because they are expected to complete tasks regardless of the hours required to do them. If staying late or coming in early is required to do the job, exempt employees are frequently expected to do just that. Nonexempt employees typically work only the prescribed number of hours.
i personally go with exempted employees because of social security and job stability and off course the greater pay