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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 ...
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]
There does not appear to be an adoption by the DOL of the "highly compensated employee" definition found at IRC § 414(q). DOL Advisory Opinion 90-14A. The DOL has, however, indicated that a "top hat" group consists of those individuals who have the ability to affect or substantially influence the design and operation of the deferred ...
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.
Tax-exempt means not being required to pay taxes on certain types of income. Find out which type of income is considered tax-exempt.
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 ...
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.
The TLEA covers "non-employees" as well, while not employed directly, are paid directly by the employer for labor or services. Companies in Tennessee are required to request and maintain copies of certain identity and work authorization documents for non-employees, unless an exception applies (i.e. workers are employed by a separate company). [91]