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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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170260index.aspxGuidance California Employment Misclassification Risks Greater than Ever Before: How to Ensure Compliance with AB 5 (5/2020) 05/12/2020National
169367tools.aspxChecklists Computer Professional Exemption Checklist 10/03/2019National
153769tools.aspxChecklists Executive Exemption Checklist 10/03/2019National
155276tools.aspxChecklists FLSA Exemption Checklist 10/03/2019National
169369tools.aspxChecklists Highly Compensated Employee Exemption Checklist 10/03/2019National
155144tools.aspxChecklists Learned and Creative Professionals Exemption Checklist 10/03/2019National
169372tools.aspxForms Nonexempt to Exempt Letter 02/20/2017National
153867tools.aspxChecklists Outside Sales Exemption Checklist 07/16/2015National
155203tools.aspxChecklists Trainees Checklist 07/16/2015National
167454index.aspxQuestions & Answers Can you deduct from an exempt person's salary for loss, damage, or unauthorized expenses? 04/22/2013National
167433index.aspxQuestions & Answers If an exempt employee wants to make extra money working Saturdays in another capacity, can I pay an agreed upon wage as long as all duties combined still make him exempt? 04/10/2013National
167097index.aspxQuestions & Answers What is the difference between and exempt and non exempt employee? How does an employer determine if their employees are exempt versus non exempt? 07/03/2012National
166957index.aspxQuestions & Answers Can an employee be exempt and paid on an hourly basis? Would he be entitled to overtime pay? 04/02/2012National
166833index.aspxQuestions & Answers Our offices closed down the week after Christmas. Do we need to pay exempt employees their salary, even though they did not work during that week? 01/03/2012National
166807index.aspxQuestions & Answers If an exempt employee terminates employment on a Wednesday, do we have to pay him for the full week because Thursday and Friday of that week are company holidays? 12/12/2011National
160555index.aspxQuestions & Answers Can we give additional pay to an exempt employee who's temporarily taking on additional duties? 02/04/2011National
160312index.aspxQuestions & Answers Is it okay to classify an employee as non exempt when he actually could qualify to be exempt? 12/27/2010National
159470index.aspxQuestions & Answers If we terminate a salaried, exempt employee on Monday morning at the beginning of his day, are we still required to pay him for the whole week, since he did work some part of the week (that is showing up for his regular duties at his regular time? 03/30/2010National
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? 03/23/2010National
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? 12/01/2009National
159258index.aspxQuestions & Answers Does the cost of housing count towards the minimum salary requirement for an exempt employee? 09/08/2009National
159197index.aspxQuestions & Answers Our company's business has fallen off dramatically. Can we require that each exempt employee take a one-week unpaid furlough before the end of our fiscal year? 07/20/2009National
159184index.aspxQuestions & Answers Will the rate for the federal computer employee exemption change with the increase in minimum wage? Currently, the computer employee exemption is $27.63 per hour or $455 per week (along with primary duty requirements). 07/13/2009National
159098index.aspxQuestions & Answers Can a full-time exempt employee be suspended without pay? 07/07/2009National
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? 04/29/2009National
156448index.aspxAnalysis Exempt Personnel 03/04/2009National
156336index.aspxQuestions & Answers Is there anything to stop an employer from paying overtime to an exempt employee? For example, we have an engineer who is required to work many extra hours for several weeks to finish a project. 01/05/2009National
156283tools.aspxChecklists Flowchart Determining Exemption Status 11/13/2008National
156256index.aspxQuestions & Answers I have an exempt employee who has used all his available vacation time for this year. He is planning on being out for another week. Can I deduct the pay for this period from his paycheck without disturbing his exempt status? 10/23/2008National
156064index.aspxQuestions & Answers If an employee's position is deemed exempt, but the employee works on a non-exempt assignment and ends up working over 40 hours, does the entire week then become non-exempt and is the employee due overtime? 07/31/2008National
156046index.aspxQuestions & Answers Our holiday policy states that employees are not eligible for holiday pay until they have completed 90-day introductory period. Can we deduct holiday hours from pay for exempt employees who haven't yet met this threshold? If not, 07/08/2008National
156037index.aspxQuestions & Answers If an exempt employee comes into work for half of an hour and needs to leave due to personal reasons are we required to pay the employee for the entire day or can we use available PTO time? 06/30/2008National
155982index.aspxQuestions & Answers Is it legal for an exempt employee to also be paid an hourly wage for performing additional duties? 05/09/2008National
155920index.aspxQuestions & Answers Our company employees clock in and out electronically. Prior to each payroll, our practice is to have all employees sign a print out of their hours. My question is specifically with regard to exempt employees. Is this practice in violation of any law 03/19/2008National
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? 05/22/2007National
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? 05/01/2007National
155507index.aspxQuestions & Answers May exempt employees take paid time off (PTO) in less than full day increments? In other words, can an exempt employee take 2 hours of PTO? 03/27/2007National
155485index.aspxQuestions & Answers Does the concurrent performance of exempt and nonexempt work disqualify an employee from exempt status? 03/06/2007National
155356index.aspxQuestions & Answers If an employee is hired as an exempt employee but, during their first 90 days, they are in training and do not perform exempt duties, is their exempt status still in place or will they be considered non-exempt until they assume full exempt duties? 10/31/2006National
155202tools.aspxChecklists FLSA Audit Checklist: Correcting Improper Deductions 07/16/2006National
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