홈
김해원 님 답변
[법률상담]
답변일
7/12/2010 10:48:09 AM
김지나씨는 아래 두가지 면제조항중 하나에 해당될 수 있습니다. 자신이 면제되는 지는 아래 category를 읽어보시면 아실겁니다.
정당히 받아야될 오버타임을 달라고 했다고 해고되면 차별소송을 제기하실 수 있습니다.
더 자세한 내용은 노동법 전문변호사를 찾아가서 상담하시기 바랍니다.
1. Executive Exemption
Receives at least two times the state's minimum wage as a salary for full-time employment.(임금이 시간당 16달러 이상이어야합니다) This is known as the "minimum salary level test."
The primary function of the job is management of the enterprise, or of a customarily recognized department or subdivision.
The job regularly directs the work of two or more subordinate employees.
Has the authority to hire, fire and give pay treatment, or recommend those things.
Handles employee complaints and discipline.
Devotes less than 50% of work time to activities other than managerial duties.
Regularly and customarily exercises discretionary power.
2. Administrative Exemption
Primary duty of performing office or non-manual work directly related to the management or general business operations of the employer or the employer's customers and ...
Customarily and regularly exercises discretion and independent judgment in the performance of intellectual work which, in the context of an administrative function, is office or non-manual work directly related to management policies or the general business operations of the employer or the employer's customers.
Regularly and directly assists a proprietor or an exempt administrator, or performs, under only general supervision, work along specialized or technical lines requiring special training, experience or knowledge, or executes special assignments and tasks under only general supervision.
Devotes more than 50% of time to these activities.
The minimum salary test is met. (역시 임금이 시간당 16달러 이상)
정당히 받아야될 오버타임을 달라고 했다고 해고되면 차별소송을 제기하실 수 있습니다.
더 자세한 내용은 노동법 전문변호사를 찾아가서 상담하시기 바랍니다.
1. Executive Exemption
Receives at least two times the state's minimum wage as a salary for full-time employment.(임금이 시간당 16달러 이상이어야합니다) This is known as the "minimum salary level test."
The primary function of the job is management of the enterprise, or of a customarily recognized department or subdivision.
The job regularly directs the work of two or more subordinate employees.
Has the authority to hire, fire and give pay treatment, or recommend those things.
Handles employee complaints and discipline.
Devotes less than 50% of work time to activities other than managerial duties.
Regularly and customarily exercises discretionary power.
2. Administrative Exemption
Primary duty of performing office or non-manual work directly related to the management or general business operations of the employer or the employer's customers and ...
Customarily and regularly exercises discretion and independent judgment in the performance of intellectual work which, in the context of an administrative function, is office or non-manual work directly related to management policies or the general business operations of the employer or the employer's customers.
Regularly and directly assists a proprietor or an exempt administrator, or performs, under only general supervision, work along specialized or technical lines requiring special training, experience or knowledge, or executes special assignments and tasks under only general supervision.
Devotes more than 50% of time to these activities.
The minimum salary test is met. (역시 임금이 시간당 16달러 이상)
