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Simply put, an exempt employee is someone exempt from receiving overtime pay. It is a category of employees who do not qualify for minimum wage or overtime pay as guaranteed by Fair Labor Standard Act (FLSA). Exempt employees are paid a salary instead of hourly wages and their work is professional in nature.
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.
The FLSA exempts employees from the minimum wage and overtime requirements who are paid a salary of not less than $455 per week, or $23,660 per year, and who are employed in a bona fide executive, administrative, professional, certain computer professions or creative professions, or outside sales capacity as defined
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.
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.
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.
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)
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.
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.
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.