John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

Are you a "non-exempt" employee under the FLSA?

After years of a poor job market, in Minnesota and throughout the country, most people are probably just happy to have a job in today's roaring economy. However, as important as it is for our readers to be happy to have a job, it is equally important to understand one's employment status when it comes to the protections of the Fair Labor Standards Act (FLSA).

Under the FLSA, employees, in both public and private enterprises, are usually considered to be either "exempt" or "non-exempt" employees. The difference between these two designations is significant. So, is one an "exempt" employee or a "non-exempt" employee under the FLSA?

A "non-exempt" employee is an employee who is entitled to receive minimum wage and, most importantly, overtime pay. The typical work week for most employees maxes out at 40 hours per week. If an employee works more than 40 hours per week, that employee, under the FLSA, is entitled to receive overtime pay for those extra hours.

An "exempt" employee is not subject to these protections. These employees are typically those who earn a salary, as opposed to a per-hour pay rate. Examples of employment positions that are usually designated as "exempt" under the FLSA are so-called "professional" positions, such as teachers, doctors and executive and administrative employees, just to name a few.

Many people may not pay attention to these minute details of employment law. But, when it comes to compensation for the work, these legal terms and protections can be important. Any Minnesota resident who has concerns that their protections under the FLSA might have been violated may need to get more information about their own unique circumstances.

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John A. Klassen, PA
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