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Employees earning less than $23,600 per year or $455 per week, are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt under current law, however this is set to go up in 2016 too.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
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.
With few exceptions, to be exempt an employee must be paid at least $23,600 per year or $455 per week, and be paid on a salary basis, and also perform exempt job duties.
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 classifications of employees are exempt from FLSA overtime pay requirements? Generally the FLSA exempts executive, administrative, professional, and outside sales employees from overtime requirements provided they meet certain tests regarding job duties and are compensated "on a salary basis."
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Exemptions to the FLSAAge Requirements.Agricultural Employment.Child Labor Statistics.Door-to-Door Sales.Employment and Training Resources.Employment by Parents.Enforcement.Entertainment Industry Employment.More items...
How to Make Sure You Stay Compliant with FLSA RequirementsAudit Jobs to Understand which are Exempt and Non-Exempt.Check the Minimum Wage Requirement in Your State.Pay for All Time Worked Even if it Is Unauthorized Overtime.Keep Detailed Documentation of All Non-Exempt Employees.
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.