The Fair Labor Standards Act (FLSA) has a set of guidelines in place that determines who is protected by certain laws that are in place for employers. Whether you are exempt or nonexempt can be quite confusing for both employees and employers, but it is very important in determining your rights when it comes to gaining overtime pay and minimum wage.
If you are confused about whether you are an exempt or nonexempt employee in the state of California, it is important that you establish this so that you are in a position of power to stand up for the rights that you have.
What rights do nonexempt employees have?
If you are a nonexempt employee, you have the legal right to receive overtime whenever you have worked more than 40 hours in a week. In addition, you have the right to receive the minimum wage for the first 40 hours that you work in any week. The overtime must be given at a rate of 150 percent of the standard hourly pay.
Who is exempt from these FLSA protections?
If you are paid a salary rather than an hourly wage, you are an exempt employee. In addition, if you are paid a minimum of $23,600 per year, you are not protected under the FLSA. If you are a manager or supervise other employers’ work, you will also be considered exempt from these laws.
If you are confused about whether you are a nonexempt employee in the state of California, it is important to take action to understand your status.