The information contained in this article is not legal advice and is not a substitute for such advice. Department of Labor. State of California Department of Industrial Relations.
New York State Labor Department. Actively scan device characteristics for identification. Use precise geolocation data.
Select personalised content. Create a personalised content profile. Measure ad performance. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. For example, "outside sales" employees are exempt "inside sales" employeesare nonexempt.
For most employees, however, whether they are exempt or nonexempt depends on a how much they are paid, b how they are paid, and c what kind of work they do. Department of Labor. Most employees must meet all three "tests" to be exempt. Salary level test. Salary basis test. However, whether an employee is paid on a salary basis is a "fact," and thus specific evaluation of particular circumstances is necessary.
The FLSA salary basis test applies only to reductions in monetary amounts. Requiring an employee to charge absences from work to leave accruals is not a reduction in "pay," because the monetary amount of the employee's paycheck remains the same. Similarly, paying an employee more than the guaranteed salary amount is not normally inconsistent with salary basis status, because this does not result in any reduction in the base pay.
With some exceptions, the base pay of a salary basis employee may not be reduced based on the "quality or quantity" of work performed provided that the employee does "some" work in the work period. For example, a salary basis pay employee's base pay may not be reduced if there is "no work" to be performed such as for a plant closing or slow period , and a salary basis employee's base pay may not be reduced for partial day absences.
However, employers may "dock" the base pay of salary basis employees in full day increments, for disciplinary suspensions, or for personal leave, or for sickness under a bona fide sick leave plan as for example if the employee has run out of accrued sick leave. Thus, there can be "permissible" and "impermissible" reductions in salary basis pay. Permissible reductions have no effect on the employee's exempt status.
Impermissible reductions may, in that the general rule is that an employee who is subjected to impermissible reductions in salary is no longer paid on a salary basis, and is therefore nonexempt. However, employers have several avenues by which they can "cure" impermissible reductions in salary basis pay, and as a practical matter these make it unlikely that an otherwise exempt employee would become nonexempt because of salary basis pay problems.
The salary basis pay requirement for exempt status does not apply to some jobs for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly. These FLSA exemptions are limited to employees who perform relatively high-level work. Whether the duties of a particular job qualify as exempt depends on what they are. Job titles or position descriptions are of limited usefulness in this determination.
It is the actual job tasks that must be evaluated, along with how the particular job tasks "fit" into the employer's overall operations.
There are three typical categories of exempt job duties, called "executive," "professional," and "administrative. Exempt executive job duties. Job duties are exempt executive job duties if the employee. Supervision means what it implies. The supervision must be a regular part of the employee's job, and must be of other employees.
Note that the minimum salary required for the Executive, Administrative, and Professional overtime exemptions changes as of January 1, While the issue of exemptions can be complicated, the following is a general overview of the primary tests devised by the Department of Labor:. Administrative Exemption. To qualify for the administrative employee exemption, all of the following tests must be met:. To qualify for the learned professional employee exemption, all of the following tests must be met:.
To qualify for the creative professional employee exemption, all of the following tests must be met:. To qualify for the computer employee exemption , the following tests must be met:. To qualify for the outside sales employee exemption, all of the following tests must be met:. Non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt no matter how highly paid they might be.
The FLSA provides minimum standards that may be exceeded, but cannot be waived or reduced. Regular overtime rules apply to many workers who distribute, pack, process, sort, and handle crops after those crops have been harvested.
Also, workers who work in the Cannabis industry are not considered agricultural workers, and are entitled to overtime at normal rates. Domestic workers that do not live-in the household and are not personal attendants are entitled to overtime pay under the normal overtime rules overtime after 8 hours a day or 40 hours a week.
Other workers may only be eligible for overtime after working 45 hours a week, or 9 hours a day, depending on the factual circumstances. Many truck drivers are exempt from state and federal overtime laws. Examples of the vehicles regulated by CHP include motortrucks, truck tractor, buses, tailors, and commercial motor vehicles that weigh more that 10, pounds. If you are a truck driver and want to know whether you might be protected by California overtime laws, seek legal advice.
Skip to content Exemptions from Overtime Pay Overtime laws and some other wage and workplace protections, like meal period and rest break laws, do not apply to certain types of employees.
How much do I need to make to be considered an exempt employee? Am I exempt as a professional employee? Am I exempt as an administrative employee? You must also be able to answer yes to both of the following requirements: Are you regularly allowed to make independent decisions without direct supervision about matters that are important to the company this means that the work you do is related to important company policy or business decisions?
Do you spend more than half of your time on administrative tasks that are of substantial importance to management? In addition, you must be able to answer yes to one of the following questions: Do you regularly and directly assist the owner of the company or another manager or administrator?
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