Kansas Application for Work or Employment - Clerical, Exempt, Executive, or Nonexempt Position
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How to fill out Application For Work Or Employment - Clerical, Exempt, Executive, Or Nonexempt Position?
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FAQ
Salaried: An individual who receives the same salary from week to week regardless of how many hours he or she works. Exempt employees must be paid on a salary basis, as discussed above. Nonexempt employees may be paid on a salary basis for a fixed number of hours or under the fluctuating workweek method.
To pay a non-exempt employee a salary, the employer pays the employee the fixed amount per week and pays overtime at a rate of 1.5x the employee's regular rate. The regular rate in this method is determined by dividing the salary by the number of hours the salary is intended to compensate.
Exempt employees refer to workers in the United States who are not entitled to overtime pay. This simply implies that employers of exempt employees are not bound by law to pay them for any extra hours of work. The federal standard for work hours in the United States is 40 hours per workweek.
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.
Federal Exemptions from Overtime: To be considered "exempt," these employees must generally satisfy three tests: Salary-level test. Effective January 1, 2020, employers must pay employees a salary of at least $684 per week. The FLSA's minimum salary requirement is set to remain the same in 2022.
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.
On September 24, 2019, the DOL issued a new final rule that raises the minimum salary threshold for exemption from $23,660 per year ($455 per week) to $35,568 per year ($684 per week). No changes to the duties test are made in this ruling. The ruling is effective as of January 1, 2020.
An exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available (i.e., inclement weather).
Who is eligible for overtime pay? To qualify as an exempt employee one who does not receive overtime pay staff members must meet all the requirements under the duties and salary basis tests.
To qualify for exemption from overtime pay, employees must meet certain tests regarding their job duties and be paid on a salary basis at or above the minimum salary threshold. At K-State, the minimum salary threshold is currently $47,476 per year ($913 per week).