I do not claim to be a legal expert, but I have and
do supervise people and have had to learn what this means over the years.
A conversation that comes up in the university
setting time and again is that of the “exempt” employee and what it means.
“In
California, wages, meal periods, and overtime pay are determined by both state
and federal law. Employers are generally required to follow certain rules in
how they treat and compensate their employees. These rules, however, do not
apply to several important groups of people—called “exempt” employees”.
“Exempt employees are generally paid a salary intended to compensate fully for all hours
worked each week, are not compensated based on the number of hours worked, and
do not receive overtime pay”.
“Non-exempt employees are typically paid by the hour for each hour they work in a pay period
and receive overtime pay in accordance with applicable overtime rules”.
So and exempt employee is essentially paid to
do a job, they often work more than 40 hours per week and it might not be
traditional hours (including from home).
Employers need to be
careful when attempting to micro-manage an
exempt employee’s hours, especially when it is well known they work more than
40 hours per week, you could be setting yourself up for an expensive legal
mistake. If they are doing the job, and doing the job well, make sure there is
no personal vendetta involved when auditing their hours.
Just some advice from
experience
Dr Flavius A B Akerele III
The ETeam
Some quick and easy references:
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