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Administrative Exemption
National Summary
The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime (11/2 times their regular rate of pay) if they work over 40 hours (29 CFR 541et seq.). The FLSA also contains exemptions. Employers may not have to pay overtime to administrative, executive, professional, computer, outside sales personnel, and certain highly compensated employees. What is an exempt employee? In order to qualify as exempt from the overtime pay requirements, an employee must pass three tests: the salary level test, salary basis test, and duties tests.
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81937faqs.aspxQuestions & Answers An exempt employee recently committed a serious safety violation. We'd like to suspend without pay. What is the FLSA guidance on this? 03/17/2010National
85771faqs.aspxQuestions & Answers An exempt employee works 40 hours per week. She wants to work another 5-6 hours per week in a nonexempt job. If we allow this, will we owe her overtime? 02/28/2011National
91811faqs.aspxQuestions & Answers Are inside sales representatives considered non-exempt? 06/21/2012National
92908faqs.aspxQuestions & Answers Are police personnel exempt, i.e. chief asst. chief, captain? 01/07/2013National
83345faqs.aspxQuestions & Answers Are there any NJ or federal laws prohibiting asking an employee not cash a paycheck for a period of time? 09/15/2010National
83820faqs.aspxQuestions & Answers Can an employee call in sick and still work from home? 11/24/2010National
81540faqs.aspxQuestions & Answers Can an exempt professional like a trainer be compensated hourly, straight time for all hours worked? 01/13/2010National
80346faqs.aspxQuestions & Answers Can exempt employees be paid compensatory time? 07/29/2009National
80429faqs.aspxQuestions & Answers Can salaried employees pay be docked when they run out of available leave? 08/07/2009National
82350faqs.aspxQuestions & Answers Can we deduct from an exempt employee's pay when he comes to work and then goes home sick? Can we deduct from his sick time? 05/21/2010National
82602faqs.aspxQuestions & Answers Can we deduct from an exempt employee's weekly salary when he is out sick for 3 days? He is a new employee and is not eligible for PTO yet. 06/24/2010National
92894faqs.aspxQuestions & Answers Can we deduct from an Exempt person if they damage or lose laptops or Ipads? We don't want to jeopardize their exempt status by reducing their salary. We are not worried about minimum wage, they will continue to make that. We would have a signed autho 01/03/2013National
85045faqs.aspxQuestions & Answers Can we give additional pay to an exempt employee who's temporarily taking on additional duties? 01/31/2011National
80877faqs.aspxQuestions & Answers Can we pay a manager for work "on the side"? She is a salaried employee and the side work is hourly. 09/29/2009National
82843faqs.aspxQuestions & Answers Can we require exempt employees to perform job duties not initially assigned if their job descriptions include the phrase "all other job related duties as assigned?" 07/13/2010National
93018faqs.aspxQuestions & Answers Can we require exempt employees to work set hours? Can we apply PTO if they fail to do so? 01/28/2013National
80407faqs.aspxQuestions & Answers Can you reduce employee's (exempt and non-exempt)work schedules to avoid lay offs? 08/04/2009National
92256faqs.aspxQuestions & Answers Do we have to pay a salaried employee for a full week if he only works 3 days during his last week of work? 09/10/2012National
80666faqs.aspxQuestions & Answers Does the cost of housing count towards minimum compensation for an exempt employee? 09/02/2009National
80738faqs.aspxQuestions & Answers Does the cost of housing count towards minimum compensation for an exempt employee? 09/11/2009National
80434faqs.aspxQuestions & Answers How can I dock an exempt employee's pay? 08/10/2009National
83638faqs.aspxQuestions & Answers How do we pay an exempt employee who is returning from sick leave to a part-time schedule of only 4 hours per day? 10/29/2010National
82047faqs.aspxQuestions & Answers I have an exempt employee who will be gone several weeks for National Guard duty. If he takes a laptop and does some work in the evenings, what wages do we owe him? 04/12/2010National
82905faqs.aspxQuestions & Answers I was wondering how many hours an employer can force a salaried manager to work in a week and per day? 07/21/2010National
80548faqs.aspxQuestions & Answers If an exempt employee has to go out into the field and perform non-exempt duties for 6 months, should he be considered non-exempt during that period of time? 08/20/2009National
80844faqs.aspxQuestions & Answers If an exempt employee is out of his/her office for a part of the day due to illness or medicall appts, etc. can the time out be applied to available sick leave?For example: Jane is exempt and usually works an 8 hour day. On Tuesday she goes home af 09/24/2009National
92488faqs.aspxQuestions & Answers If an exempt employee is out sick for a few days but works a few hours while at home, how do we calculate required pay or permitted deductions? 10/22/2012National
81331faqs.aspxQuestions & Answers If an exempt employee requests that they be able to take every other Friday off without pay, is it a violation of their exempt status to reduce their pay by 8 hours each pay? 12/10/2009National
93398faqs.aspxQuestions & Answers If an exempt employee wants to make extra money working Saturdays in another capacity, can I pay an agreed upon wage as long as all duties combined still make him exempt? 04/10/2013National
85440faqs.aspxQuestions & Answers If we close the office for reasons unrelated to weather or an emergency, do we have to pay non-exempt and exempt employees? 02/11/2011National
84821faqs.aspxQuestions & Answers If we stay open during inclement weather, can we deduct pay for exempt and nonexempt employees who can't make it to work because of the weather? 01/17/2011National
82490faqs.aspxQuestions & Answers In California - Are teacher's aides, tutors, and administrative assistants exempt from FSLA? Our teachers are exempt. 06/14/2010National
80926faqs.aspxQuestions & Answers Is it OK to pay someone straight time for hours over 40 if their position is considered exempt? 10/07/2009National
84006faqs.aspxQuestions & Answers Is it okay to classify an employee as non exempt when he actually could qualify to be exempt? 12/15/2010National
82551faqs.aspxQuestions & Answers One of our exempt employees has spent about 15 hours of overtime working on a project not related to any of his regular duties. Can we offer him comp time in lieu of overtime pay? 06/21/2010National
90682faqs.aspxQuestions & Answers Our offices closed down the week after Christmas. Do we need to pay exempt employees their salary, even though they did not work during that week? 01/03/2012National
80831faqs.aspxQuestions & Answers Under FLSA, do we need to pay a porter his regular salary for additional duties or can we pay the lower rate for the duties? 09/22/2009National
81435faqs.aspxQuestions & Answers We are a 501(c)3 corporation and have 150 employees. We have exempt and non exemtp employees that currently work for us. I would like to know that if we ask our exempt employees to work extra hours (over 40/wk) and offer them extra pay? 12/22/2009National
81061faqs.aspxQuestions & Answers WE are a non profit organization a 501c3 in NJ with 120+ employees. We have some salaried exempt employees that are not making their 40 hours per week as needed and they are out of PTO benefits to supplement their time. We also have some salaried exe 10/21/2009National
85861faqs.aspxQuestions & Answers We have 2 temporary part-time IT employees. Can they be exempt? Also, can we classify them as independent contractors? 03/02/2011National
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