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Question: 1 / 400

What could happen if an employee is misclassified under exempt vs. non-exempt?

No impact on payroll

Potential fines for the staffing agency

Only the client bears the liability

Overtime payments may need to be covered

Misclassification of an employee as exempt rather than non-exempt can lead to significant financial implications, particularly concerning overtime payments. When an employee is classified as non-exempt, they are entitled to receive overtime pay for hours worked beyond the standard 40 hours in a workweek. If a misclassification occurs and an employee should have been classified as non-exempt, the staffing agency or employer may be responsible for back pay covering the overtime they should have received, which can accumulate to a substantial amount, depending on the length of the misclassification and the number of hours worked.

This context highlights the importance of proper classification based on the duties performed, salary level, and other criteria outlined by the Fair Labor Standards Act (FLSA) and state laws. If misclassification is identified, it can trigger legal obligations to compensate the employee correctly, thus creating a financial burden for the employer or staffing agency. Understanding the implications of misclassification underscores the necessity for rigorous job analysis and compliance with labor regulations to protect both workers' rights and the organization from potential penalties.

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