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Monday, July 31, 2017

How Do I Know if I am an Exempt or Nonexempt Employee?

Most jobs are governed by the Fair Labor Standards Act (FLSA). One of the many benefits protected by FLSA is the right to overtime pay. However, not all jobs governed by the FLSA can receive this benefit. Employees with these types of jobs are “exempt” from FLSA overtime rules. An exempt employee, while entitled to their base salary paid on time for each pay period, is not entitled to be paid for overtime work. Nonexempt employees have the right, under FLSA, to time and one half of their regular pay rate for every hour they work overtime. This is why proper classification of exempt and nonexempt employees is so important.

Knowing your exempt or nonexempt status can ensure you are properly compensated for overtime. If you feel you have been misclassified as an exempt employee, contact Tand and Associates P.C. today. You may be missing out on valuable overtime payments. We are here to make sure you are paid what you deserve.

How Do I Know if I am an Exempt or Nonexempt Employee?

First of all, it is important to note that just because your employer has classified you as “exempt,” does not mean that you should be. The analysis required to determine whether you are actually exempt or nonexempt mainly hinges on:

  • How much you are paid
  • How you are paid
  • The nature of your work

Generally speaking, exempt employees are paid at least $455 per week on salary basis and perform specific types of job duties which make them exempt. The duties test to determine whether an employee is exempt or nonexempt is very fact specific. For the most part, exempt employees perform higher level work than those nonexempt employees. There are three types of job duties that are usually performed by exempt employees, including:

  • Executive: These job functions usually refer to managing and supervising employees. Those in executive roles will be in charge of employment decisions such as promotions, hiring, and firing. 
  • Professional: This type of work most commonly requires something like an advanced degree or advanced training. Lawyers and doctors are considered professionals.
  • Administrative: Administrative employees will work in management-related functions and help with the general operation of a business. For an administrative employee to be exempt, they usually have to work on a higher-level and have take a significant role in keeping business operations running.

If your employment duties do not seem to fit any of these categories, you may be a nonexempt employee and entitled to overtime pay under FLSA.

Wage and Overtime Pay Attorneys Representing the Rights of Employees.

Missing out on overtime pay can add up quickly. That is why it is of such importance to make sure your exempt or nonexempt status is accurate. Ensure correct payment of any wages you deserve by contacting the dedicated employment law attorneys at Tand and Associates P.C.





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