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The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. Covered means an employee is protected by the FLSA.
What Is an Exempt Employee? The term exempt employee refers to a category of employees set out in the Fair Labor Standards Act (FLSA). Exempt employees do not receive overtime pay, nor do they qualify for minimum wage. When an employee is exempt, it primarily means that they are exempt from receiving overtime pay.
These exemptions also apply in Texas. So if you're paid an annual salary and earning more than a certain amount set by law, you are considered "exempt" and not covered by the FLSA. This means exempt employees are not entitled to overtime pay for working more than 40 hours in a week.
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.
The minimum annual salary is based on the current state minimum wage, calculated as follows: (minimum wage x 2) x 2,080 hours. Effective January 1, 2022, the minimum salary threshold for these exemptions are: Employers with 1-25 employees: $58,240 per year. Employers with 26 or more employees: $62,400 per year.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
Under federal overtime law and Texas overtime law, salaried employees must receive overtime pay for hours worked over 40 in any workweek unless two specific requirements are met: (1) the salary exceeds $455 per workweek; and (2) the employee performs duties satisfying one of the narrowly-defined FLSA overtime
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.
Salaried employees cannot have their pay deducted by their employer if they work less than 40 hours per week or the employee may be seen as nonexempt and entitled to overtime compensation when working more than 40 hours a week.
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).