What is discretionary Judgement?

What is discretionary Judgement?

Discretionary comes from the word discretion, which can be used to mean “the right to decide something based on one’s own judgment.” If you’re given a task to complete at your discretion, you can decide how you want to do it — or whether you want to do it at all.

Are executive assistants exempt in California?

Tip: Administrative Assistants Only Rarely Are Exempt From Overtime Pay. To qualify as exempt, employees must be paid on a salary basis of not less than $455 per week ($684 per week effective January 1, 2020) and must also perform duties that qualify for an exemption.

What is an exempt administrative employee?

The Administrative Exemption in California Employment Law. An exempt administrative employee must: Primarily perform administrative duties, Regularly exercise discretion and independent judgment, and. Earn a monthly salary of at least twice the minimum wage for full-time work.

How do you determine if a position is exempt or nonexempt?

There are 2 “tests” to determine if an employee is eligible for overtime wages. Employees who meet the thresholds of both the Duties and Salary tests are considered exempt from overtime pay — or salaried. All other employees, with some exceptions listed below, are considered nonexempt, or eligible for overtime wages.

Is it better to be exempt or nonexempt?

Pros of hiring exempt employees When you hire exempt employees, you won’t pay overtime no matter how many hours these employees work per week. Conversely, you often have to pay nonexempt employees 1.5 times their usual pay rates when they work more than 40 hours in a week. You can assume they’re more experienced.

How do you classify a job as exempt or nonexempt?

In regard to overtime, employees are divided into two groups:

  1. Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act.
  2. Nonexempt: Employees primarily performing work that is subject to the overtime provisions of the Fair Labor Standards Act.

Is a supervisor exempt or nonexempt?

For example, supervisors who perform such work as serving customers, cooking food, stocking shelves, cleaning the establishment, or other nonexempt work will be considered exempt as long as they perform other duties that are considered executive in nature (scheduling employees, assigning work, overseeing product …

What is difference between exempt and non-exempt?

The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.

What does a non-exempt position mean?

Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.

What makes you a non-exempt employee?

Non-exempt employees are workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.

How many hours can an exempt employee work?

40 hours

How many hours is a salaried person expected to work?

How Many Hours Can a Salaried Employee Be Made to Work? An exempt salaried employee is typically expected to work between 40 and 50 hours per week, although some employers expect as few or as many hours of work it takes to perform the job well.

Is being on salary better than hourly?

Salaried employees enjoy the security of steady paychecks, and they tend to pull in higher overall income than hourly workers. And they typically have greater access to benefits packages, bonuses, and paid vacation time.

Is a 45 hour work week legal?

Labor Code §1540 prohibits a domestic work employee who is a personal attendant from being employed for more than 9 hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked in excess of 9 hours in any workday …

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