North Carolina Salary - Exempt Employee Review and Evaluation Form

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Multi-State
Control #:
US-FR-EA-3
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PDF
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Appraisal of exempt salaried employee for job progress & goals.
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FAQ

Highly-compensated: Any employee who primarily performs non-manual labor and regularly performs at least one exempt administrative, executive, or professional duty, and makes $100,000 or more per year (including at least $455 per week on salary), can be exempt from overtime.

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.

There is no limit on the number of hours the adult employee may be required to work. The decision to work employees in eight-hour shifts, 12-hour shifts, 16-hour shifts, etc., is entirely up to the employer. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer.

Exempt refers to not being eligible to receive overtime pay or qualify for minimum wage. To be exempt, your job must meet the $684/week minimum requirement and meet the duties tests described above, in addition to being salaried. There is a common misperception that all non-exempt employees are paid on an hourly basis.

Can I Be Entitled to Overtime Pay If I am a Salaried Employee in North Carolina? All nonexempt workers who fall under the rules established by the U.S. Fair Labor Standards Act (FLSA) must receive a minimum wage of not less than $7.25 per hour, as of 2017.

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.

Employers must only pay hourly employees and non-exempt salary employees for the actual hours worked. An employer doesn't violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law.

One of the general requirements is that the salaried-exempt employee must be paid a guaranteed salary of at least $684 a workweek (no salary test for outside sales), which would also be the promised rate of pay for the employee.

The short answer is yes. The rule of thumb under the Fair Labor Standards Act (FLSA) is that the regulations do not permit an employer to dock pay from a salaried, exempt employee. Doing so, can cause an entire class of employees to suddenly go from exempt to non-exempt and thus, entitled to overtime.

North Carolina also does not set the maximum hours that employees are allowed to work in a day. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts.

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North Carolina Salary - Exempt Employee Review and Evaluation Form