Woes of an exempt and non-exempt employee

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Are you wondering why is fate being harsh on you or if you are not organized enough to escape being an exempt. Let us delve into it a bit before we pass a judgment.

Fair Labor Standards Act (FLSA) has a strict policy when it comes to who should be considered an exempt and makes certain that employees are never docked for the days they worked partially. Let’s keep in mind that, if an employee misses the work and has taken all of his Paid Time Off (PTO), the company has the rights to dock that employee’s pay. It is best advised to plan the time away from work and always try and leave at least a week of emergency PTO so that this doesn’t happen again. It is not fair to solely rely on time card machines and keep forgetting to clock in and out of the system, because they are entitled to make a reduction to the salary if you have not clocked in. So there comes another tip, always clock in and never blame the time keepers for the logs. It is better to find out about the company’s PTO plans before you start working so that there are no bitter feelings if there is a conflict of opinions. Some companies do not treat their management appropriately so it is best to find out whether you are EXEMPT or NON-EXEMPT and file a complaint with FLSA.

Never assume that the difference between exempt and non-exempt is salaried vs. hourly because if that is the description provided to you by your HR, they are either lacking the ability to fully understand the rules or they are people who have been hired randomly and are learning to cope with the complexities of HR on job. You must remember that PTO bank includes personal vacation days and sick days. Official holidays are separate, avoid working for companies which have very shady policies regarding your leaves and put a constant reduction on your pays and follow the rules that are defined by FLSA.

It is a clear division, an employee has to fall in either category exempt or non-exempt, which is not a title in itself but a way to decide whether someone is entitled to an overtime pay or not. FLSA has it sorted out and if in addition to the salary, the exempt employee receives additional pay such as a commission or bonus, such additional pay can be docked, consistent with a written wage deduction authorization agreement. As long as one is aware of the key differences between an exempt and non-exempt employee, it isn’t math anymore and is not hard to figure out which way a person would lean into.

Exempt positions are barred from smallest amount wage, overtime regulations, and other rights and protections enjoyed by nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt. Typically, only executive, supervisory, professional or outside sales positions are exempt positions.

Nonexempt employees, as the term implies, are not exempt from FLSA requirements. Employees who fall in this category must be paid at least the federal minimum wage for each hour worked and given overtime pay of not less than one-and-a-half times their hourly rate for any hours worked beyond 40 each week.

Then there is tax liability, overtime, benefits and worker’s right differences. So it leaves a little to our imagination and is pretty conclusive, non-exempt employees reap loads of benefits under federal law and are more secure and protected than a non-exempt employee. It does come as a sigh of relief that the unemployment benefits are mostly available to both exempt and non-exempt employees according to their own particular state’s department of labor.

If it would come to which is better than the other, it might comfort a few if I could say that each has its own upside and downside. Some might want to be employed in nonexempt status to make sure they get wages for every hour they work. Others might just want the liberty that comes with paid positions. The majority of nonexempt employees are going to be subjected to more rigorous rules concerning things like relaxed time. Exempt employees can usually use up a rational amount of time relaxing without inviting snide remarks from the boss; nonexempt employees’ on the other hand are more closely observed, and given breaks only at pre-defined time frames during the work hours.

By and large, exempt employees are rewarded more than nonexempt employees, because they are likely to complete tasks regardless of the hours required to do them. If staying late or coming in early is required to do the job, exempt employees are frequently expected to do just that. Nonexempt employees typically work only the prescribed number of hours.

It really is a matter of opinion, which way you swing, taking into consideration the kind of lifestyle and your priorities both exempt and non-exempt categories can work in your benefit, if you have the right amount of knowledge towards the HR policies and the labor laws.

Ethics of Modern Day Motherhood in HR

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All the hype about Apple and Facebook’s announcement to offer female workers egg freezing as a health plan benefit, there is a lot of noise about the ethics regarding this. It is a not a question of good or bad, it is about the modern day working women and the choices they make. It can be a huge factor in deciding how the world is going to look like in the future, whether it will be a lot of single or married women preferring to be childless or saving it for later. The Human Resource of Corporate giants have already decided for them and have suggested a whole new benefit plan in this regard. The bitter sweet side effects of increasing pressure on women to do well and beyond their scope. The horizons to any limits they might stretch are blurry and it is always a step into more and more if there is a choice. No matter what you believe is right or wrong you can always question the authenticity of the technicality of the procedure.

Let us just consider the pros and cons of the situation. For example a manager in a very prestigious firm decides to work till the end of her pregnancy and since she will be entitled to a paid maternity leave, it is always a loss to the company one way or the other. Even if she trains someone to replace her for that period of time there is always a question that comes to mind, what happens to that person after she is back, would you want her to continue or would you prefer the other manager to replace her since it is convenient. By law the company would have to hire the same person so all that juggling is a bit of a hassle. The last term of the pregnancy at work does decrease the productivity of the woman and there is only a little less than 60% of her efficiency compared to the work load. She might leave earlier because it is just natural for her to get tired too quickly and then might take some odd days off for her regular doctor visits. Then again we cannot doubt the fact that it is her prime time to carry a baby naturally and take care and nurture it while she is young and energetic. That is how it is designed to be for them, the earlier they have the babies the less chances of birth related complications and fetal abnormalities it is. The only problem in this whole scenario is how the HR department manages all this; they have a whole lot of home work assigned just to deal with pregnant women, their insurance, their leaves and then the paid maternity leave, all of which takes a toll on the company’s financials. This might be the reason that the corporate darlings want to have an option, not just for them but for the ladies that might just want to set their priorities straight and have a no-nonsense attitude towards work.

Women can have their own eggs frozen if there’s a medical issue that stops them from using their own but sadly the focus has been shifted to working women and is often used for women who aren’t ready for mother hood. The American Society for Reproductive Medicine has their reservations about it. Mostly women have their eggs frozen because of medical issues, such as cancer treatment, that may affect their fertility. So it isn’t a simple procedure to follow at all and there are always risks of safety and efficacy and emotional turmoil it has over women. It creates more stress than relief, at least that is what most of the surveys say.

After the first IVF birth in 1986 it is reported that an estimated number of 5 million babies are born worldwide outside the norms of normal pregnancy, endorsing the IVF culture. Although vitrification, a new technique regarding this procedure has come up and is more potent when it comes to less damage to the egg and is not totally true freeze method. It is not that tricky when it comes to right age to do it because it is always better to have it when young, probably before you hit 35. The complications are almost similar to having an IVF and fetal abnormalities may not relate to the procedure itself and could have something to do with the person getting it.
The costs of such a procedure can range anywhere from $ 7,000 to $ 20,000, excluding all medication and doctors fees. Why would the companies go into spending such large sums of money just to keep women from having a baby at a healthy age. For some, it is not even a matter of choice – but the corporate world will go to any limits to fuel the economy.

This pressure has left a bitter feeling amongst a few factions of the society that look at it differently and have been actively debating the ethics and degeneration of the world’s perspective about success. The issue is far deeper than it seems and has a lot of room for discussions and solutions that present a win-win situation for all. The idea seems to be a bit sketchy but we can hope that the companies and women both thrive and co-exist without harming and breaching the limits.