Employees need to know their employment status just like an employer needs to clearly define an employee’s duties. The basic distinction that needs to be made is whether an employee is exempt or non-exempt. Labor laws are constantly changing, so it’s advisable for employees to meet with a lawyer in New York if needed to ensure they are getting compensated fairly. The good news is the distinction is very factual-based, so there are usually very few questions as to a person’s status once the facts are determined.
Defining Exempt Employees
An exempt employee must be paid a salary, rather than an hourly wage, and their job duties must be classified as professional, administrative or executive. These categories are extremely broad by design, so there are a wide range of jobs that fall under these categories. The determination is ultimately made by the type of duties performed rather than the employee’s title alone.
Employers are not required to pay exempt employees overtime, assuming they earn a specific amount of money each week, are paid for every week they perform the job and are not paid an hourly rate. Of course, every state has different guidelines, so it’s important to consult with employment lawyers in NYC to ensure you are correctly classified like your employer says you are.
A Non-Exempt Employee is Entitled To Overtime Pay
The main difference between an exempt employee and a non-exempt employee is a non-exempt employee is entitled to overtime pay. This means an employee who earns hourly pay must be paid at least time and a half for any amount of time worked over 40 hours per week. Minimum wage law also plays a factor, as non-exempt employees must be paid the minimum amount as set through the Fair Labor Standards Act (FLSA). The top law firms in NYC can help you dissect your job duties and confirm your classification.
Why It’s Important To Know The Difference
Employees need to know the differences between being non-exempt and exempt to ensure they are getting compensated fairly as governed by the laws. Getting paid as an exempt employee, when you should be getting paid as a non-exempt employee, could lead to receiving a significant amount of money in back pay and other damages. The best employment lawyers in NYC protect employees and their rights and ensure they receive the money they are owed.
Choosing the best lawyer in New York can be challenging. That’s why at Gordon & Gordon, we strive every day to differentiate ourselves by representing our clients in the manner they deserve and go above and beyond to protect their rights. Employment and labor laws are constantly changing, so you can rely on our experienced attorneys and staff to keep you informed and protected. If you believe you may be compensated unfairly by your employer, contact us today to schedule a consultation to review your case.