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The Department of Labor (DOL) has a duties test that employers can use to determine which employees are exempt. Non-exempt employees, by comparison, typically earn an hourly wage or salary that ...
Employees and independent contractors have very different benefits. Employees are entitled to the protection of wage and hour laws and are protected from discrimination and retaliation by employers. Employees may be legally entitled to family medical leave and benefits such as medical insurance and pension plans.
Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
Many salaried workers and commission-paid sales staff are not covered by overtime laws. These are generally called "exempt" positions, because they are exempt from federal and state laws that mandate extra pay for extra time worked. [123] The rules are complex, but generally exempt workers are executives, professionals, or sales staff. [124]
Compensation comes in many forms, like benefits, bonuses, and stock options. But the two most common ways employers pay workers is by issuing an hourly wage or setting a salary. Read: What To Do If...
The distinction between independent contractor and employee is an important one in the United States, as the costs for business owners to maintain employees are significantly higher than the costs associated with hiring independent contractors, due to federal and state requirements for employers to pay FICA (Social Security and Medicare taxes) and unemployment taxes on received income for ...
Tax-exempt means not being required to pay taxes on certain types of income. Find out which type of income is considered tax-exempt.
An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class (i.e., a single petition cannot be used for both H-1B and E-3 workers). Also, in the case of H-1B-dependent employers, different petitions must be used for exempt and non-exempt workers. [15]