What is a non-exempt employee?

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.

Can you dock an hourly employee?

Hourly employees In general, if a non-exempt (also called hourly) employee is absent, or misses part of a workday, you are entitled to dock the employee’s pay for the hours missed.

What is the minimum hours an exempt employee can work?

Exempt employees are exempt from California overtime laws. This means that, if you are an exempt employee, your employer does not need to pay you time and a half if you work more than eight hours in a workday, or more than 40 hours in a workweek, or otherwise “work off the clock.”

Do I qualify for FMLA if I work from home?

If you work from home, even if you are the only employee in your state, you are still entitled to FMLA coverage if you meet the other qualifications. In addition, “the employee has to work at a location where the employer has at least 50 employees within 75 miles.” See Fact Sheet 28 from the Department of Labor.

How does FMLA determine number of employees?

A private-sector employer is covered by the FMLA if it employs 50 or more employees* in 20 or more workweeks in the current or previous calendar year. An employee is considered to be employed each working day of the calendar week if the employee works any part of the week.

Does non-exempt mean hourly?

Nonexempt employees are typically paid hourly wages, unlike exempt employees, who generally earn fixed salaries that are invariably significantly higher than what minimum-wage earners rake in.

Can your pay be docked if your salary?

The short answer is “yes.” The rule of thumb under the Fair Labor Standards Act (“FLSA”) is that the regulations do not permit an employer to dock pay from a salaried, exempt employee. Doing so, can cause an entire class of employees to suddenly go from exempt to non-exempt and thus, entitled to overtime.

When can an employer dock your pay?

Your boss is indeed legally allowed to reduce or dock your pay. But like all things in life there are exceptions. There are cases when reducing someone’s promised pay can run afoul of labor laws. In most cases, it’s easier to dock the pay of an hourly worker than that of a salaried employee.

What qualifies as an exempt employee 2021?

In order to qualify as an exempt employee in California in 2021, an employee working for a company with 26 or more employees must earn $1,120 per week, or $58,240 annually; an employee working for a company with fewer than 26 employees must earn $1,040 per week, or $54,080 annually, exclusive of board, lodging, and …

How much should I withhold from my employees’ taxes?

Pay the amount you withhold to the IRS with an additional 7.65\% for your share of the taxes. If you pay your employee’s share of social security and Medicare taxes from your own funds, the amounts you pay for your employee count as wages for purposes of the employees’ income tax.

Do you have to pay taxes on wages for household employees?

If you choose to report the wages for a household employee on the forms shown above, be sure to pay any taxes due by the date required based on the form, making federal tax deposits if required. Additional information is available in the Instructions for Schedule H (Form 1040).

When do I need to give my household employee a W-2?

You must give your household employee copies B, C and 2 of IRS Form W-2 (Wage and Tax Statement) by January 31 after the year the wages were paid.

What does it mean to have a household employee?

You have a household employee if you hired someone to do household work and that worker is your employee. The worker is your employee if you can control not only what work is done, but how it is done.