8 Things an Exempt Job Status Deprives you of…

October 15th, 2013. By AbiK

A lot of questions we receive here at LawyersandSettlements.com have to do with employment…things like what counts as on-the-job harassment, whether or not someone is owed overtime pay, and questions about wrongful termination. One of the trickiest areas of employment though has to do with misclassification—i.e., whether someone’s position is considered exempt or non-exempt. We discuss misclassification in greater detail on our Unpaid Overtime-Employment info hub on our website. But beyond what most people consider to be the difference between exempt and non-exempt—that exempt jobs don’t qualify for overtime pay while non-exempt ones do—there are other things you should be aware of if you’ve recently been switched over or promoted into an exempt position.

Exempt positions tend to be ones that pay a salary rather than an hourly rate. For many, the chance for what could be a higher rate of pay and no longer “working on the clock” makes pursuing exempt positions worth the trip. Here though are eight protections that an exempt job status deprives employees of—provided by the State of California Department of Industrial Relations (you can find this info at your own state’s department of labor).

8 Things an Exempt Job Status Deprives you of Protection for…

• overtime premium;
• minimum wage;
• reporting time pay;
• requirement of records under the IWC Orders (but not records required by the Labor Code);
• requirement that employer furnish uniforms and equipment (except, of course, that any expenditure by an employee is recoverable under CA Labor Code Section 2802).
• requirement that meals and lodging amounts be limited;
• meal period requirement;
• rest period requirement;

 

Tags: Employment, Labor Law, Unpaid Overtime, Wage and Hour

This was posted on Tuesday, October 15th, 2013 at 3:55 pm and is filed under Emerging Issues, Employment . Feel free to respond, or trackback. Read our comments policy.