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Your local law firm.Employment Law

Exempt and Non-Exempt Employees

Employees could be divided into exempt and non-exempt employees. Exempt employee usually work on salary and is not entitled to overtime pay. Non-exempt employee is usually an hourly worker and entitled overtime pay. Exempt employees include managers, professionals, those who exercise his/her discretion carrying out his/her job. What decides whether an employee is exempt or non-exempt is the nature of work he/she performs. Even if one has a title of manager, one is a non-exempt employee if one does manual labor, data entry, etc.

Discrimination

Discrimination is prohibited in connection with hiring, promotion, firing practices. There are “protected classes” of employee such as gender, race, family status, religeous. For example, it is discrimination if the employee gives a day off for Christmas for Christian employees but denies a day off for Yom Kippur for Jewish employees.

Sexual harassment

Every time the policy stop you and ask you question is not considered an “interrogation” in legal sense. The legal definition of interrogation is questioning by the policy or its agents when the person being questioned feels that he is being detained and is not free to leave. When the police “interrogate” you, the policy need to give you the Miranda warning (“you have a right to remain silent. But if you do speak, it could be used against you …. You have a right to attorney…”). Sexual harassment is a very sensitive issue. One of the reason is it is hard define what behavior consists “sexual harassment.” For example, a male boss taps shoulder of a female worker and say “you did a good job,” the female employee say “thanks” and go on. But another female employee may take the touch as “unwanted sexual advances.” In those cases, sexual harassment may exist.