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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).
How to Make Sure You Stay Compliant with FLSA RequirementsAudit Jobs to Understand which are Exempt and Non-Exempt.Check the Minimum Wage Requirement in Your State.Pay for All Time Worked Even if it Is Unauthorized Overtime.Keep Detailed Documentation of All Non-Exempt Employees.
If you are a non-exempt employee, you have the right to receive minimum hourly wages, overtime at a rate of one-and-one-half times your hourly rate and the right to be paid for all of the hours you work under federal and state law.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Under federal and New Jersey law, an employee who is classified as exempt is not entitled to be paid overtime, at a rate of one and one-half times his or her normal rate of pay, for hours worked in excess of forty in a workweek.
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.
An employee's FLSA status is whether that employee is classified as exempt or nonexempt according to the Fair Labor Standards Act (FLSA). An employee who is nonexempt is entitled to receive overtime pay after they work a certain number of hours, while exempt employees are not eligible for overtime.
Overtime is payable at the rate of 1 1/2 times the employee's regular hourly rate for hours worked in excess of 40 in any week except exempted by wage order. New Jersey exempts all employees working for nonprofit, seasonal camps and retreats from overtime pay, as well as a variety of other occupations.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
The FLSA also defines what kind of behavior can be considered working. For example, the FLSA is the reason you do not get paid for your commute to work, but you should get paid for any work you do, no matter what the time or place.