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Employees at businesses with fewer than two employees. Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commercei Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)
Exempt workers are exempt from overtime payso even if they work more than 40 hours in a workweek, they're not eligible for overtime pay. So, whether a salaried employee has to fill out a timesheet will come down to whether they're considered exempt or non-exempt.
Key Takeaways. An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
Nonexempt employees mistakenly treated as exempt employees, or whose "off-the-clock" hours are not properly recorded and compensated, may file FLSA overtime claims with the U.S. Department of Labor. Most workers, particularly those working an hourly wage, are in fact nonexempt employees.
A few employers, including small farmsthose that use relatively little outside paid laborare explicitly exempt from the FLSA. Many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.
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. Salaried nonexempt employees must still receive overtime in accordance with federal and state laws.
Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt.
Officially, domestic workershousekeepers, child care workers, chauffeurs, gardenersare covered by the FLSA if they are paid at least $1,000 in wages from a single employer in a year, or if they work eight hours or more in a week for one or several employers.
Exempt Employees must meet basic salary threshold of $913/week $47,476/year) and meet applicable Department of Labor Tests for executive exemption, administrative exemption, professional exemption, or computer exemption. Exempt employees are paid a salary that covers the amount of time required to perform the job.
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.