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Transitioning an employee from non-exempt to exempt status involves meeting specific criteria outlined in the Nebraska FLSA Exempt / Nonexempt Compliance Form. Employers typically assess the employee's job responsibilities, salary level, and other factors relevant to their role. Clear documentation, communication with the employee, and adherence to the standards set by the Fair Labor Standards Act are all crucial steps. This process not only protects your organization but also provides clarity for your employees.
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
Employees working over 6 hours a day have the right to at least a 20-minute break. While this is the legal minimum requirement, you're allowed to offer longer or more frequent rest periods. It can be worthwhile including your staff's rights to breaks within your employment contract to avoid confusion.
Although many employers provide such breaks as a matter of company policy, there are no state or federal laws requiring any employer to allow any rest/coffee break.
Employees engaged in executive, administrative, or professional capacities (and paid at least $455 per week on a salary basis) are exempt from the overtime requirement.
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.
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.
If you're aged 18 or over and work for more than 6 hours a day, you're entitled to: an uninterrupted rest break of at least 20 minutes, taken during the day rather than at the beginning or end (eg tea or lunch break) 11 hours rest in a row between each working day.
Employers in assembly plants, mechanical establishments and workshops are required to allow a 30 minute lunch period in each shift of at least 8 hours. For all other businesses, such lunch periods are not required and are given solely at the discretion of the employer regardless of the length of the work shift.
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).