What are the white-collar exemptions?
What are the white-collar exemptions?
Bona fide administrative, executive, professional, and computer-related professional employees, as well as outside sales employees, are exempt “white collar” employees under the Fair Labor Standards Act (FLSA).
Who is exempt from the Fair Labor Standards Act?
Employees who perform office or nonmanual work and are paid total annual compensation of $100,000 or more—which must include at least $455 per week paid on a salary or fee basis—are exempt from the FLSA if they regularly perform at least one of the duties of an exempt executive, administrative, or professional employee …
What qualifies you as an exempt employee?
An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
Can a blue collar worker be exempt?
According to the U.S. Department of Labor Wage and Hour Division, non-management, blue-collar employees do not qualify for the most common exemptions. This is in part because their primary duties typically involve forms of manual labor or work requiring physical skill and energy.
What qualifies as a salary position?
A salaried employee refers to an employee that gets paid a set amount of compensation for their work instead of an hourly rate. They receive the full amount of pay they’re promised, regardless of how many hours they work during a workweek. Typically, salaried employees receive a regular, biweekly or monthly paycheck.
How do you know if its exempt or nonexempt?
In regard to overtime, employees are divided into two groups:
- 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.
What is exempt and not exempt?
The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.
How do I know if Im exempt or nonexempt?
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
Is it better to be exempt or nonexempt?
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.
Can employees be salaried and non-exempt?
Nonexempt employees may be paid on a salary, hourly or other basis. Nonexempt employees may be paid on a salary basis for a fixed number of hours or under the fluctuating workweek method. Salaried nonexempt employees must still receive overtime in accordance with federal and state laws.
Are police blue-collar?
Traditionally police are blue collar. Police officers must crawl, jump, run and do other exertions that are not a part of “white collar” work like office jobs.
Is teaching a pink collar job?
A pink-collar worker is someone working in the care-oriented career field or in fields historically considered to be women’s work. This may include jobs in the beauty industry, nursing, social work, teaching, secretarial work, or child care.
Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) *Note: The Department of Labor revised the regulations located at 29 C.F.R. part 541 with an effective date of January 1, 2020.
What are the exemptions for Section 13 (a) (1) of the FLSA?
The exemptions provided by FLSA Section 13 (a) (1) apply only to “white-collar” employees who meet the salary and duties tests set forth in the Part 541 regulations. The exemptions do not apply to manual laborers or other “blue-collar” workers who perform work involving repetitive operations with their hands, physical skill and energy.
How do I qualify for the learned professional employee exemption?
To qualify for the learned professional employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 * per week;
Can collective bargaining agreements waive FLSA protections?
While collective bargaining agreements cannot waive or reduce FLSA protections, nothing in the FLSA or the Part 541 regulation relieves employers from their contractual obligations under such bargaining agreements.
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