What Is An Exempt Professional Employee?

Rate this post

What qualifies as an exempt employee?

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.

What is an example of an exempt job?

The most common roles considered exempt include professional, executive, outside sales, and administrative. On the flip side, non-exempt employees must be paid overtime -- one-and-a-half times their hourly rate, for any hours worked beyond 40 each week.

Who qualifies for professional exemption?

To qualify for the professional exemption, an employee must pass the salary and duties tests. To be exempt, a professional employee must earn a monthly salary equivalent to at least two times the state minimum wage for full-time employment. “Full-time employment” is defined as 40 hours per week.

Is it better to be an exempt or nonexempt employee?

Generally, exempt employees are paid more than nonexempt employees, because they are expected to complete tasks regardless of the hours required to do them. If staying late or coming in early is required to do the job, exempt employees are frequently expected to do just that.

What jobs are exempt from FLSA?

The five primary exemptions are executive, administrative, professional, computer, and outside sales employees.

Is an exempt employee salaried?

Most exemption categories require exempt employees to be paid on a salary basis. Employees who meet the requirements for exemption, are paid on a salary basis, and the salary meets or exceeds the salary threshold are considered salaried exempt.

How do you classify an employee as exempt or nonexempt?

  • Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act.
  • Nonexempt: Employees primarily performing work that is subject to the overtime provisions of the Fair Labor Standards Act.
  • Is non-exempt a good thing?

    Non-exempt Benefits: Overtime Pay

    Workers who volunteer for overtime or have mandatory overtime can benefit significantly from their status as non-exempt employees, as they can make a large amount of money in overtime pay.

    What if an exempt employee works less than 40 hours?

    Most employers expect their exempt employees to work the number of hours necessary to get their jobs done. It doesn't matter if that takes more or fewer than 40 hours per week. Even if your exempt employee works 70 hours in a week, you are still only required to pay them their standard base salary.

    Do exempt employees have to use PTO for partial day absences?

    Because exempt employees cannot have their salary docked for partial-day absences, many employers will require the use of PTO for these absences as part of their company policy.

    Can an employer force an exempt employee to work overtime?

    As long as the staff is salaried, there's nothing in federal law that prevents this. An employer can legally pay exempt employees for overtime. Federal law does not, however, require that employers offer this extra compensation.

    Can you require exempt employees to use PTO for partial day absences?

    According to the Department of Labor (DOL), employers can require exempt employees to use vacation days for partial-day absences. This means that if an exempt employee misses work, employers can deduct from their vacation time without risking that employee's exemption status.

    Is an administrative assistant an exempt employee?

    Many administrative employees are considered exempt under California law and special rules apply to their workplace rights.

    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).

    Generally, exempt employees are paid more than nonexempt employees, because they are expected to complete tasks regardless of the hours required to do them. If staying late or coming in early is required to do the job, exempt employees are frequently expected to do just that.

    Leave a Reply

    Your email address will not be published.