To qualify for the computer employee exemption, the following tests must be met: The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.To qualify for the creative professional employee exemption, all of the following tests must be met: The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.The advanced knowledge must be in a field of science or learning and.The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment.To qualify for the learned professional employee exemption, all of the following tests must be met: The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers and.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.To qualify for the administrative employee exemption, all of the following tests must be met: The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent and.The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $684 * per week.To qualify for the executive employee exemption, all of the following tests must be met: See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. Job titles do not determine exempt status. Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis, to satisfy up to 10 percent of the standard salary level. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. part 541 with an effective date of January 1, 2020. *Note: The Department of Labor revised the regulations located at 29 C.F.R. Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)
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