Salaried or Hourly? Understand Exempt Classifications - Mission to Grow - Episode # 90

Mission to Grow: A Small Business Guide to Cash, Compliance, and the War for Talent

Is classifying employees as exempt vs. non-exempt more complex than it seems, and what are the key compliance pitfalls and legal nuances every employer should know? At first glance, classifying an employee as exempt or nonexempt appears to only be about how you want to pay them, but at a further glance things are much more complicated. Here to help make things less confusing is this week’s guest! Joining the show this week is VP of HR Consulting at Asure, Mary Simmons!

Mary joins host Mike Vannoy to discuss the significance of properly classifying employees as exempt vs. non-exempt. Simmons highlights the importance of small business owners understanding labor laws for compliance. They discuss common misconceptions and mistakes businesses make when determining employee classification.

Takeaways:

• Understanding the Fair Labor Standards Act is crucial for growing companies when classifying employees as salary or hourly. Employers must follow specific regulations to ensure compliance with wage and hour laws.
• In considering the differences between hourly and salaried employees, it's crucial to understand the distinction between exempt and non-exempt status. Exempt employees are not entitled to overtime pay, while non-exempt employees are eligible for overtime.
• Employers should ensure that hourly workers are paid for every minute they work, including tasks like answering emails or calls. Adhering to wage and hour laws is crucial to avoid legal issues related to off-the-clock work.
• Rewarding exempt employees with extra pay for overtime is possible, but it must be done carefully to avoid breaking the exemption. Consulting with a professional before implementing such rewards is crucial to ensure compliance and fairness.
• Responsibilities, not title, are a determining factor in an employee’s exempt status. While a retail employee may be a manager, if most of their duties involve working with customers and stocking shelves, they may actually be non exempt.
• Employers need to ensure they meet the minimum salary requirements for exempt employees, as failure to do so can lead to costly consequences. Exempt employees must be paid at least $684 a week.
• While there is a baseline of Federal labor regulations employers need to follow, it’s important to be mindful of state regulations as well. Certain states, and even municipalities, have more stringent requirements for wages.

Quote of the Show:

• “You cannot contract around the law.” - Mary Simmons

Links:

• LinkedIn: https://www.linkedin.com/in/marysimmonshrconsultant/
• Company Website: https://www.asuresoftware.com/

Ways to Tune In:

• Spotify: https://open.spotify.com/show/2XThTdn7YC1lkAm0PgZUkj
• Apple Podcasts: https://podcasts.apple.com/us/podcast/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent/id1725890976
• Amazon Music: https://music.amazon.com/podcasts/328dddd0-3c4f-4b07-a0d3-13bdcb418486/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent?refMarker=null
• Audible: https://www.audible.com/pd/Mission-to-Grow-A-Small-Business-Guide-to-Cash-Compliance-and-the-War-for-Talent-Podcast/B0CS71KQFM?qid=1706208857&sr=1-1&ref_pageloadid=not_applicable&ref=a_search_c3_lProduct_1_1&pf_rd_p=83218cca-c308-412f-bfcf-90198b687a2f&pf_rd_r=A1ME8MBECSVZ6K4D7CNT&pageLoadId=QBtg12mqKsuZPLGY&creativeId=0d6f6720-f41c-457e-a42b-8c8dceb62f2c
• Podchaser: https://www.podchaser.com/podcasts/mission-to-grow-a-small-busine-5591006