Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can you explain what an "exempt" status employee is? From my…

Customer Question
First, can you explain what...
First, can you explain what an "exempt" status employee is? From my understanding, we are paid a salary and it's fixed. No matter the hours worked, we will receive our normal pay. And overtime compensation is non-existent. So, my question is, why I have to utilize leave every time that I have to leave work for a medical appointment? Since personal, vacation, and sick is lumped in together. I only have enough time for appointments. It seems pretty unfair to never have time for a vacation. However, I can work over 80 hours a week and it counts towards nothing.Another question: If I resign, can I ask for copies of the records in my personnel file?
Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
12/22/2017
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 4,522
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

There are three categories under which an employee may be considered exempt. They are administrative, executive, and professional. These categories generally define an exempt employee as one who customarily and regularly exercises discretion and independent judgment in the performance of his/her duties.

For records, if you work for the government, you can have access to your records. Or if you are filing a claim against the company, as part of the discovery, you could get access.

We can discuss more if you want to do so.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I am considered exempt; however, I answer to a supervisor. So my independent judgment is at a minimum. Also, I work for a small business that contract with the federal government for accounting services. So I am not government, per se. I just work in a government building, in support of government finances, but employed through a company based out of Atlanta, GA.
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

It's factual based. How are you treated at the firm? If you are more like a secretary or support staff, then you would be considered nonexempt. If you are a professional (college educated and working in the field, master's degree, etc.) or an executive you would be considered exempt. Reporting to a supervisor could mean you are non-exempt if you are more like support staff.

Ask Your Own Employment Law Question
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

Hello. I have not heard back you. Are you still looking for help on your question? If so, please let me know. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My employer has a pay structure based on job title. My
My employer has a pay structure based on job title. My business cards, email signature and job performance reviews are Proposal Leader. My pay structure I just discovered is for Proposal Specialist. I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am filing retaliation at EEOC due to my employer transfer
I am filing retaliation at EEOC due to my employer transfer me on less desirable position. This happen after I filed harassment claim at EEOC early this year … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,115 satisfied customers
I was a permanent/paet time employee between 2010 and Dec.
i was a permanent/paet time employee between 2010 and Dec. 31 2018 working 56 hours each week. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Wrongful termination. Georgia. I had received an email
I had received an email saying I was terminated EEOC advised me they was suppose to have given me a separation letter … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a lab tech in an orthodontic office. My office was
I am a lab tech in an orthodontic office. My office was bought out a couple of years ago and the new owner has let me go (today was my last day). I have been there for 19.5 years and the reason for te… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
My job knows I am unhappy but that I am a hardworker. The
My job knows I am unhappy but that I am a hardworker. The main problem is an employee who has made my new management job difficult by not following directions, incompetent, and resisting my tasks. The… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,341 satisfied customers
I just retire after 30years, Being married overseas for 2
Hi, I just retire after 30years , Being married overseas for 2 years will a divorce affect my retirement benefits, thank you … read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers
I am wondering what the legal recourse in Michgan is
I am wondering what the legal recourse in Michgan is regarding texting. I had a supervisor accidentally text a subordinate a text about her. There were no derogatory comments only that the supervisor … read more
Damien Bosco
Damien Bosco
Attorney
4,522 satisfied customers
I have a co worker who i worked with in a supervisory role
I have a co worker who i worked with in a supervisory role and feel as though she leads by intimidation of her staff resulting in a staff resignations … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I work at a cafe, my boss has recently sold the business and
Hello, I work at a cafe, my boss has recently sold the business and the new owner has told me she is not re-hiring me. She told me this yesterday and has told me my last day is this Sunday. I had no p… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,427 satisfied customers
Advice on involuntary resignation letters. I feel I am
advice on involuntary resignation letters. I feel I am forced to resign due to hostile work environment caused by new boss … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I want to know how the officer came up with the amount he
Hi I want to know how the officer came up with the amount he came to, was he suppose to show it to me and can i appeal … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a registered nurse and I was "instructed" to resign
I am a registered nurse and I was "instructed " to resign from my position as the evening supervisor at a nursing home in Virginia. The Director of nursing did not allow me to do the job I was hired t… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was told by a third party one 5-16-2018 that my last day
I was told by a third party one 5-16-2018 that my last day of employment would be 5-25-2018. This came from my supervisor but she is not the one letting me go an ADHOC board is the one letting me go. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently gave my 2 week notice, my last day is May 23. My
I recently gave my 2 week notice, my last day is May 23. My retail district manager (DM) approached me on April 10, 2018, with a fabricated hotline call. Home Office doesn't see this at retaliation or… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I still sue my employer for age, sex and gender
Can I still sue my employer for age, sex and gender discrimination after I signed a general release agreement on day of employment termination? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
158 satisfied customers
My question is about being a witness in a labor law hearing
Hello, my question is about being a witness in a labor law hearing for an ex-employer. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I was at a work conference and a group of us stayed out
Second opinion] I was at a work conference and a group of us stayed out drinking in the hotel bar until closing. We were also guests of the hotel. One colleague received an inappropriate picture on he… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x