Exempt Status Essay

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Exempt Status Exempt employees are workers who are paid a salary and are not afforded the same protections under the Fair Labor Standards Act overtime regulations provided to hourly, or nonexempt, workers. FLSA rules explain the process for determining whether employees are exempt or non-exempt. One of the determining factors is a test that uses a minimum weekly salary threshold. When an employee is paid a salary that exceeds this threshold and is compensated for quality and performance, rather than hours worked or strictly measured productivity, that employee is generally considered exempt. Exempt or Nonexempt. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not. Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do. With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be exempt. Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.) Salary basis test. Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. This amount need not be the
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