Which employees are exempt under FLSA?
Standards Act (FLSA) However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.
Who are always exempt from FLSA provisions?
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
What is FLSA testing?
The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.
How do I know if my FLSA is exempt?
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).
How do I know if I am exempt or non exempt?
In regard to overtime, employees are divided into two groups:
- Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act.
- Nonexempt: Employees primarily performing work that is subject to the overtime provisions of the Fair Labor Standards Act.
What are the FLSA categories?
Here are basic definitions you need to know to understand salaried, hourly, exempt, nonexempt, and salaried nonexempt employees. Except where noted, these employee classification definitions come from the U.S. Department of Labor.
Who is covered under FLSA?
Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.
What are the three tests for the FLSA exemption?
In order to qualify for exemptions under FLSA, employees must meet the criteria in three tests: a salary basis test, a salary level test, and a duties test.
What is FLSA Status Non exempt?
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.