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Exempt Personnel
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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TypeTitleDateState
91217faqs.aspxQuestions & AnswersCan an employee be exempt and paid on an hourly basis? Would he be entitled to overtime pay?03/26/2012National
79770state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Deductions from Paid Time-Off Plan and Section 13(a)(1) Salary Basis National
1149timesavers.aspxPoliciesEmployee Hours (Standard) National
8899timesavers.aspxPoliciesEmployee Workweek National
10343timesavers.aspxFormsExempt Survey Form National
10369timesavers.aspxChecklistsFLSA Audit Checklist: Administrative Exemption National
15479timesavers.aspxChecklistsFLSA Audit Checklist: Correcting Improper Deductions National
9957timesavers.aspxChecklistsFLSA Audit Checklist: Executive Exemption National
15478timesavers.aspxChecklistsFLSA Audit Checklist: Learned Professionals National
10402timesavers.aspxChecklistsFLSA Audit Checklist: Outside Sales Personnel National
10438timesavers.aspxChecklistsFLSA Audit Checklist: Trainees National
1165timesavers.aspxPoliciesHours of Work and Overtime (Strict) National
80353faqs.aspxQuestions & AnswersIf a salaried employee resigns and the company's payroll is only once a month, are we required as a company to pay the entire month, or just the weeks that were worked?07/29/2009National
81088faqs.aspxQuestions & AnswersIf an exempt employee has no leave time and he is sick for 2 full days, can we deduct these 2 days from his pay?10/23/2009National
90548faqs.aspxQuestions & AnswersIf an exempt employee terminates employment on a Wednesday, do we have to pay him for the full week because Thursday and Friday of that week are company holidays?12/05/2011National
91593news.aspxNewsNonexempt vs. Exempt: 10 Factors Determining Discretion and Independent Judgment 05/21/2012National
80352faqs.aspxQuestions & AnswersWe are looking at cutting a few of our salaried employees from 40 hours to 32 hours. Can we cut salaried employees or do the employees need to be hourly?07/29/2009National
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