Question: What Is Exempt Status?

How do I know if I am exempt or non exempt?

An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA).

These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours.

A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines..

Why would I want to be an exempt employee?

Pros of hiring exempt employees Exempt employees’ salaries do not change based on how much time they work. Conversely, you often have to pay nonexempt employees 1.5 times their usual pay rates when they work more than 40 hours in a week. You can assume they’re more experienced.

Can salaried employees be paid hourly?

Exempt computer employees may be paid at least $684* on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis.

How many hours can an exempt employee work?

40 hours1. Employees who are exempt can work over 40 hours without additional compensation. Here’s why: the FLSA and state fair labor standards legislation requires employees who work more than 40 hours in any work week to be paid time-and-a-half for those hours.

What classifies an exempt employee?

An exempt employee is an employee that does not receive overtime pay or qualify for minimum wages. Exempt employees stand in contrast to non-exempt employees, which are paid minimum wage and overtime above the standard 40-hour workweek.

Is being an exempt employee a good thing?

Benefit: Easy Budgeting Salaried employees who are indeed exempt from the Fair Labor Standards Act have the benefit of calculating near-exact amounts of annual or monthly wages. Their wages rarely fluctuate due to overtime pay, or docking for an hour or two off from work.

How do you determine exempt status?

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).

What is non exempt status?

Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.

What does it mean full time exempt?

A full-time exempt employee works at least 40 hours per week. An exempt employee must be paid an annual salary, so they cannot be paid an hourly wage.

What does exempt vs non exempt mean?

non-exempt. An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid overtime and are protected by FLSA regulations. … They can be paid salary or hourly wage, but must be given federal minimum wage.

How do I know if I’m an exempt employee?

Federal employment law is clear on the issue, even if employers are sometimes fuzzy. Under the Fair Labor Standards Act (FLSA), you are considered an exempt executive if: Your salary is at least $455 per week or $23,660 per year. In some states the wage may be higher.

Can you be exempt and paid hourly?

You Can Pay Exempt Employees Their Guaranteed Salaries on an Hourly, Daily, or Shift Basis, and the Department of Labor Has Given Some Tips on How to Do It Correctly. … Such additional compensation may be paid on any basis – such as flat sum, bonus payment, straight-time hourly amount, or even time-and-a-half.

Do exempt employees need to make up time?

If an exempt, salaried employee shows up for work, even if it’s just for 15 minutes, he or she must be paid for the entire day. That’s the rule. The employer can discipline, fire, or demote the employee. But it cannot dock the employee’s pay.

Who qualifies for exempt status?

To have exempt employee status, there are three exempt employee requirements that must be met. The worker must be paid on a salary basis, make the minimum salary for exempt employees, and have job duties that are considered exempt.

Is exempt hourly or salary?

What is an exempt employee? Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt.

Do exempt employees have to work 8 hours a day?

Most employers expect their exempt employees to work the number of hours necessary to get their jobs done. It doesn’t matter if that takes more or fewer than 40 hours per week. Even if your exempt employee works 70 hours in a week, you are still only required to pay them their standard base salary.

How much do you have to make to be an exempt employee?

The minimum salary requirement for exempt employees according to the Fair Labor Standards Act (FLSA) is $23,600 per year or $455 per week. However, the exempt salary minimum alone does not classify an employee as exempt. Salary level is one of three tests used to determine employee exempt status.

What is the point of being salaried?

Salaried employees enjoy the security of steady paychecks, and they tend to pull in higher overall income than hourly workers. And they typically have greater access to benefits packages, bonuses, and paid vacation time.