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Differences between Exempt vs. Non-Exempt

by | Dec 1, 2023 | Posted Questions

Differences between Exempt vs. Non-Exempt

Sample Question:

Addressing the issue of the benefits of independent
contractors versus the use of employees, the issue of exempt / non-exempt
employees is important. There are two types of employees under a federal law
called FLSA (Fair Labor Standards Act of 1938).

One is hourly and is not paid for time that they do not
work. They are called non-exempt and for them you do have to list every single
exception for the attendance policy. If they no-show they are not paid and can
be terminated immediately.

The second group of employees is called exempt and they are
paid the same amount of pay every pay period no matter how many hours they
work.

They do not earn overtime (like non-exempt employees do) and
their pay is not docked for tardiness (like it is for exempt employees).

Does every employer need to train their human resources and
management staff on the basics of this law? Should they train employees? Why or
why not?

Does the non-exempt or exempt categorization impact FMLA
(Family Medical Leave Act) leave? Why or why not?

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