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During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime. Those classifications are commonly referred to as exempt employees (those who meet the FLSA’s requirements to be exempt from overtime pay) and non-exempt employees (employees the law requires to be paid overtime).
The FLSA contains dozens of exemptions, which basically provide that specific categories of employers and employees aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.
Participants who understand how to properly classify their employees will ultimately spend far less “cleaning up” the administrative and legal mess that will otherwise result, freeing them to focus on either running their businesses or doing the jobs they were hired to do. They will probably also help save their company significant sums of money that would otherwise be spent on legal fees, unpaid overtime and fines and penalties.
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Janette Levey Frisch, the founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 years of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental U.S., that she truly developed her passion for Employment Law. Janette and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits.
Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professionals, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. She authors the firm’s weekly blog, where you can read each week, in plain English (not legalese), about issues impacting employers today. She has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.
She has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. She also serves as a Task Force Member of the Workplace Violence Prevention Institute, a multi-disciplinary organization dedicated to providing cutting edge resources to employers serious about taking a holistic, proactive approach to preventing and minimizing workplace violence.