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Understand FLSA Provisions
What does it mean to be an exempt or nonexempt employee? Exempt and nonexempt are FLSA employment classifications. Simply put, an exempt employee is exempt from being paid overtime and a nonexempt employee must be paid overtime for hours worked over 40 per week.
The FLSA provides narrowly defined criteria that employers must use to determine if an employee can be exempt from overtime requirements. This means that in order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the FLSA regulations listed below:
- Salary Basis Test – Exempt employees must be paid on an annual salary basis.
- Minimum Salary Threshold Test – Exempt employees must be paid above a salary threshold amount that is currently $455 per week or $23,660 annually. Effective Dec. 1, 2016, the new FLSA regulations will change these amounts to $913/week or $47,476/year.
- Duties Tests - Only employees who are employed in “bona fide executive, administrative, and professional” positions who meet a “duties test” may be exempt from overtime. Duties tests require exercise of discretion and independent judgment with respect to matters of significance.
Comparing Exempt and Nonexempt
|Job duties||Perform job duties that meet the FLSA exemption criteria||May or may not meet the “Duties Test”|
|Salary basis||Is paid on an annual salary basis||Is paid on an hourly basis|
|Minimum salary||Must earn at least $47,476 per year or $913 per week||Nonexempt employees must be paid for all hours worked|
Not eligible for overtime
|Eligible for overtime at 1.5 times the employee's regular pay rate for all hours paid over 40 hours in a work week|
|Timesheet||Indicate “Duty Days” on their timesheets based on their FTE percentage||Nonexempt employees record time in and out each workday|
|Recording absences||Must record exceptions to work (sick, vacation, jury duty, bereavement, etc.)||Must record all hours worked in addition to absences on a timesheet|
|Collective bargaining||Is not covered by collective bargaining||May be covered by collective bargaining|