what does it mean to be exempt?Did you know that nearly employee in the United States is classified as either exempt or nonexempt? Given that there are an estimated 157 million workers in the United States, it is shocking the lack of understanding surrounding these important but complex classifications and their implications. If you are confused, you are not alone. This topic is riddled with misconceptions, complex definitions, and expensive lessons when mistakes are made. When someone is exempt, it means they are exempt from, or not subject to, some of the specific provisions of the Fair Labor Standards Act (FLSA), or, in California, certain provisions of the wage orders. The most significant provisions they are exempt from are minimum wage requirements, overtime pay and recordkeeping requirements. Additionally, in California, this exemption also applies to meal and rest breaks. Conversely, a nonexempt employee must be paid minimum wage, overtime, and must be provided with lunch and rest breaks (California employees), as required by the law.
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Meet the expert
Laura hendersonSummary of experience25 years human resources experience
Bachelors degree in business, MBA 10+ Years HR consulting California Law HR Specialty Certificate (SHRM) FLSA and CA exempt expert |
Laura Henderson is the owner of North County HR, a Human Resources consulting business that specializes in supporting small and medium sized businesses with 1-5,000 employees in California. Laura works with Business Owners and Senior Leaders on establishing and maintaining compliant, effective and efficient Human Resources for their business.
Laura’s specialty is exempt nonexempt determination. She is an expert on both federal (FLSA) requirements and California requirements under the CA wage orders. Laura has extensive auditing, training and expert consulting experience on this topic. Laura is passionate about the importance of Human Resources in supporting overall business success. Laura has 25 years of Human Resources experience in various industries and company sizes. Laura has extensive experience in both State and Federal HR compliance issues. Areas of special interest include determining exempt nonexempt status, leave of absence management, wage and hour laws, establishing alternative workweek schedules, acting as a part time HR manager for smaller companies and establishing best practices for hiring and terminations. Laura holds a bachelor’s degree in business from California State University San Marcos, an MBA from The University of San Diego and the California Law HR Specialty Credential from SHRM. |