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Q:  What is the difference between "exempt" and "nonexempt" employees?

A:  "Exempt" employees are not covered by the overtime provisions of the FLSA (Fair Labor Standards Act) and are paid an agreed amount for the job without regard to the amount of time it takes to complete that job. Exempt employees, sometimes called "salaried" employees, should not record hours worked on any time record.

On the other end of the spectrum, "nonexempt" employees are covered by the overtime provisions of FLSA and must record each hour worked on the time record. If the nonexempt employee works more than 40 hours in a single work week, the employee is paid a premium of 1 and 1/2 times for each hour worked over 40 hours either in pay or in accrual of compensatory time.

Q:  What is the actual definition of overtime?

A:  Overtime is time worked by a nonexempt employee that exceeds 40 hours in a work week.  It is important to note that "time worked" does not include any time that may be paid for vacation, sick time, holiday leave are not counted in the overtime calculation for a 40 hour work week.

Q:  What is USERRA?

A:  The Uniform Services Employment and Reemployment Rights Act of 1994 is intended to minimize the disadvantages to an individual that can occur when s/he needs to be absent from their employment to serve in the armed services.USERRA makes improvements in protecting service members’ rights and provides them with US Department of Labor assistance in processing claims.  For more information visit the Department of Labor website at http://www.dol.gov/vets/programs/userra/userra.pdf.