Salaried employees have different rights than hourly employees, including paid leave and the ability to schedule their own breaks. Non-exempt employees are eligible for overtime pay, while exempt employees receive the same pay regardless of hours worked. Employers must provide accommodations for disabilities and prevent discrimination.
Most employees are classified as non-hourly exempt or wage exempt based on how they are paid. The rights of salaried employees differ from hourly employees in terms of pay, paid holidays and breaks during the working day. There are some employees who are classified as non-exempt due to a lower weekly base pay amount. Unlike their exempt counterparts, non-exempt employees are eligible for overtime pay.
Under employee rights, the same amount of wages is received regardless of the number of hours worked. While a non-exempt hourly employee would only be paid for the exact amount of hours worked for the pay period, an employee could work fewer than 40 hours a week and still receive a full paycheck. The opposite also applies to exempt employees. If they average more than 40 hours per week, they still receive the same amount of pay.
The rules for non-exempt employees are slightly different in terms of pay. Non-exempt salaried employees are those whose guaranteed base wage amount is below the standard. Under employee rights, non-exempt employees are entitled to overtime pay that exceeds the standard upper limit. For example, a non-exempt employee in the United States who works 50 hours receives the guaranteed base salary plus overtime pay for ten hours.
Salaried employees are entitled to paid or unpaid leave in the event of extended family or personal illness, medical emergencies, or the birth or adoption of a child. Specific tenure and employer eligibility requirements apply for this type of medical leave. Accrued paid vacation and personal time can replace unpaid medical leave. Group health benefits must be maintained during leave as if the employee were still working.
Breaks and lunch periods during the working day are also covered by employee rights. While most hourly employees are provided with a structured schedule for when breaks and lunches will be taken, salaried employees are generally responsible for scheduling their own breaks. Many local jurisdictions require that employees be given time off.
Other salaried employee rights cover general issues such as disability work accommodations, protection against sexual harassment, discrimination, privacy rights, and job security. Employers are expected to provide education and access to information about any hazardous and potentially hazardous materials in the workplace. They should also have measures in place to prevent discrimination based on gender, religion, race, physical disability and age. Salaried employees should also be told which work-related activities are monitored by the employer, such as email communications and Internet use.
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