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Exempt Employees
National Summary
The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime (11/2 times their regular rate of pay) if they work over 40 hours (29 CFR 541et seq.). The FLSA also contains exemptions. Employers may not have to pay overtime to administrative, executive, professional, computer, outside sales personnel, and certain highly compensated employees (HCEs). What is an exempt employee? In order to qualify as exempt from the overtime pay requirements, an employee must pass three tests: the salary level test, salary basis test, and duties tests.
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151651index.aspxQuestions & Answers Does 29 CFR 541.5d mean that exempt employees can be required to take less than a full day if they work less than a full day?  National
151639index.aspxQuestions & Answers We have never maintained records for our exempt employees. Is this something we should put into practice immediately?  National
159459index.aspxQuestions & Answers An exempt employee recently committed a serious safety violation. We'd like to suspend without pay. What is the FLSA guidance on this?  National
151635index.aspxQuestions & Answers Are computer programmers exempt or non-exempt?  National
153546index.aspxQuestions & Answers Are exempt employees such as Production Supervisors ineligible for shift differentials because they aren't paid by the hour?  National
151671index.aspxQuestions & Answers Are there any issues I should be aware of with respect to reducing an exempt employee's hours from 40 per week to 25 per week?  National
155566index.aspxQuestions & Answers Are there any wage and hour issues associated with allowing supervisors to clock in and do hourly work after they have completed their supervisory duties?  National
151667index.aspxQuestions & Answers As a salaried employee I understand that if they come in, work a few hours, and go home sick they are not docked for sick leave. So, can I really force them to use sick leave for 1/2 day?  National
170260index.aspxGuidance California Employment Misclassification Risks Greater than Ever Before: How to Ensure Compliance with AB 5 (5/2020)  National
151634index.aspxQuestions & Answers Can a company require an exempt employee to adhere to a one hour lunch, and two 15 minute breaks during their work day?  National
159098index.aspxQuestions & Answers Can a full-time exempt employee be suspended without pay?  National
166957index.aspxQuestions & Answers Can an employee be exempt and paid on an hourly basis? Would he be entitled to overtime pay?  National
151672index.aspxQuestions & Answers Can an employer who was closed due to the blackout require exempt employees to use a vacation day to get paid for the day?  National
151658index.aspxQuestions & Answers Can an exempt employee be given special pay for working on a holiday?  National
154934index.aspxQuestions & Answers Can an exempt salaried position (General Foreman who meets the wage and duty criteria for being exempt) be paid on an hourly basis? Total annual compensation from wages and bonuses would exceed 100K generally.  National
158333index.aspxQuestions & Answers Can we cut the standard work week--for instance, from 40 to 30 hours--with a corresponding pay cut for exempt employees?  National
160555index.aspxQuestions & Answers Can we give additional pay to an exempt employee who's temporarily taking on additional duties?  National
151608index.aspxQuestions & Answers Can we hire a non-exempt person for an exempt position?  National
151615index.aspxQuestions & Answers Can we legally classify a worker as a salaried exempt employee, but also have her still work a separate non-exempt position as bartender at the same location?  National
154808index.aspxQuestions & Answers Can we require exempt employees to clock in and out for lunch periods and at the start and end of the workday?  National
167454index.aspxQuestions & Answers Can you deduct from an exempt person's salary for loss, damage, or unauthorized expenses?  National
155543index.aspxQuestions & Answers Can you dock a salaried exempt employee's salary for a day not worked, if he is not entitled to any paid time off yet?  National
151607index.aspxQuestions & Answers Can you please define for me the term "non-exempt salaried" employee?  National
169367tools.aspxChecklists Computer Professional Exemption Checklist  National
151654index.aspxQuestions & Answers Do you have an information or articles on turnover rates for FTE exempt and FTE non-exempts?  National
155485index.aspxQuestions & Answers Does the concurrent performance of exempt and nonexempt work disqualify an employee from exempt status?  National
159258index.aspxQuestions & Answers Does the cost of housing count towards the minimum salary requirement for an exempt employee?  National
151621index.aspxQuestions & Answers Employee or Subcontractor?  National
159129tools.aspxPolicies Employee Workweek  National
153769tools.aspxChecklists Executive Exemption Checklist  National
156448index.aspxAnalysis Exempt Personnel  National
156283tools.aspxChecklists Flowchart Determining Exemption Status  National
155202tools.aspxChecklists FLSA Audit Checklist: Correcting Improper Deductions  National
155276tools.aspxChecklists FLSA Exemption Checklist  National
151603index.aspxQuestions & Answers For an exempt management level employee who has used up all of his leave time in recovering from open heart surgery with doctor's orders to return to light duty/part days, are we obligated to pay the full salary?  National
169369tools.aspxChecklists Highly Compensated Employee Exemption Checklist  National
159339index.aspxQuestions & Answers I am employing on a temporary basis a physician assistant. This position is exempt, but we would like to pay them hourly. If we are pay them hourly, but it is an exempt position, do we need to pay overtime?  National
151665index.aspxQuestions & Answers I am required to clock in and out (lunch breaks included) and when I do not meet my 40-hours per week, the time is taken out of my PTO's. Is this legal?  National
151647index.aspxQuestions & Answers I am trying to locate CFR541.118c pertaining to exempt termination pay.  National
151652index.aspxQuestions & Answers I believe that travel guide or tour conductor is similar qualification to outside salespeople. Can we classfy types of character as EXEMPT?  National
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