A Business-Minded Approach To Employment Law

Exempt vs non-exempt employees in Florida

On Behalf of | Sep 20, 2022 | Employment Law |

There are a lot of things to consider when it comes to running a business in Florida. One of the most important decisions you’ll make is whom to hire and what type of employee they will be. There are two main types of employees: exempt and non-exempt. This classification is essential because it will determine your relationship with the employee and how much control you have over their work schedule.

Exempt employees

Under employment law, exempt employees are typically salaried workers who are not entitled to overtime pay. This means you can require them to work more than 40 hours a week without paying them extra. These employees are also usually exempt from other labor laws, like minimum wage and break requirements.

A good illustration of an exempt employee is an executive or high-level manager. They are not entitled to overtime, but they also have a lot of control over their work schedule and responsibilities.

Non-exempt employees

On the other hand, non-exempt employees are hourly workers entitled to overtime pay. You must pay them time and a half for any hours worked over 40 in a week. They are also covered by other labor laws, like minimum wage and break requirements.

A good example of a non-exempt employee is a retail worker or server. They are entitled to overtime, and their employer often controls their work schedule.

Legal issues that arise with exempt and non-exempt employees

The most common legal problem is misclassification. This occurs when an employer incorrectly classifies an employee as exempt or non-exempt. This can lead to issues such as unpaid overtime, minimum wage violations and even discrimination claims.

If you’re unsure whether an employee is exempt or non-exempt, it’s always best to err on the side of caution and treat them as non-exempt. This will ensure that you’re in compliance with the law and that your employees are getting the wages they deserve.