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The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.
The executive exemption usually is applied to managerial employees. However, managers still have to meet the requirements for the exemption. If they do not, they must be classified as nonexempt, unless they can meet one of the other exemptions.
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).
The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
From time to time, employers may need to reclassify employees due to changes in job duties and responsibilities....Non-Exempt to Exempt:Apply federal and state tests first. Ensure the employee qualifies as exempt under federal and applicable state laws.Communicate the change in advance.Avoid improper deductions.
You select your own Federal tax exemptions, allowances and additional withholding (if any), and report it on the electronic W-4. You can change your W-4 exemptions and allowances any time by simply completing and submitting another electronic W-4 form in CLASS-Web.
Partial Exempted Personnel from Overtime Pay.Executive Exemption.Administrative Exemption.Computer Professionals Exemption.Professional Exemption.Outside Sales Exemption.Highly Compensated Employees.
How to Communicate a Change in FLSA Exemption Status to EmployeesStep 1: Explain Why the Change Is Occurring.Step 2: Discuss the Meaning of a Change in Status.Step 3: Apprise the Employee of Changes in Compensation.Step 4: Inform the Employee of Changes in Position.More items...
Tips For Drafting Job Descriptions for Exempt EmployeesAccuracy is King. The job description must be accurate.Accuracy Does Not Mean Exhaustion.Strong Verbs, Clear Impact.Focus on Exempt Functions.Don't Shy Away From Degree Requirements.Assist With Can Diminish a Role.Consider Requiring Acknowledgement.
Employees who do not meet the requirements to be classified as exempt from the Minimum Wage Act are considered nonexempt. Nonexempt employees may be paid on a salary, hourly or other basis. Employees who do not qualify for an exemption but are paid on a salary basis are considered salaried nonexempt.