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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 (HCEs). 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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100376faqs.aspxAdministrative ExemptionQuestions & Answers California employee doesn't have enough PTO accrued, works from home a few hours due to sick child. How do we record the remaining hours that day? Do we have to pay her or is that time without pay? Thanks. 03/08/2016National
93398faqs.aspxAdministrative ExemptionQuestions & 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
93018faqs.aspxAdministrative ExemptionQuestions & Answers Can we require exempt employees to work set hours? Can we apply PTO if they fail to do so? 01/28/2013National
92908faqs.aspxAdministrative ExemptionQuestions & Answers Are police personnel exempt, i.e. chief asst. chief, captain? 01/07/2013National
92894faqs.aspxAdministrative ExemptionQuestions & 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
92488faqs.aspxAdministrative ExemptionQuestions & 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
92256faqs.aspxAdministrative ExemptionQuestions & 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
91811faqs.aspxAdministrative ExemptionQuestions & Answers Are inside sales representatives considered non-exempt? 06/21/2012National
90682faqs.aspxAdministrative ExemptionQuestions & 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
89972faqs.aspxAdministrative ExemptionQuestions & Answers Would Inside sales reps be exempt if their work is of substantial importance to the management or operation of the business? 09/22/2011National
85861faqs.aspxAdministrative ExemptionQuestions & Answers We have 2 temporary part-time IT employees. Can they be exempt? Also, can we classify them as independent contractors? 03/02/2011National
85771faqs.aspxAdministrative ExemptionQuestions & 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
85440faqs.aspxAdministrative ExemptionQuestions & 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
85045faqs.aspxAdministrative ExemptionQuestions & Answers Can we give additional pay to an exempt employee who's temporarily taking on additional duties? 01/31/2011National
85042faqs.aspxAdministrative ExemptionQuestions & Answers What will be required under the proposed rule to be issued by the DOL's Wage and Hour Division regarding a written classification analysis for exempt employees? 01/31/2011National
84821faqs.aspxAdministrative ExemptionQuestions & 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
84006faqs.aspxAdministrative ExemptionQuestions & Answers Is it okay to classify an employee as non exempt when he actually could qualify to be exempt? 12/15/2010National
83820faqs.aspxAdministrative ExemptionQuestions & Answers Can an employee call in sick and still work from home? 11/24/2010National
83638faqs.aspxAdministrative ExemptionQuestions & 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
83345faqs.aspxAdministrative ExemptionQuestions & Answers Are there any NJ or federal laws prohibiting asking an employee not cash a paycheck for a period of time? 09/15/2010National
82905faqs.aspxAdministrative ExemptionQuestions & 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
82843faqs.aspxAdministrative ExemptionQuestions & 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
82602faqs.aspxAdministrative ExemptionQuestions & 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
82551faqs.aspxAdministrative ExemptionQuestions & 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
82490faqs.aspxAdministrative ExemptionQuestions & Answers In California - Are teacher's aides, tutors, and administrative assistants exempt from FSLA? Our teachers are exempt. 06/14/2010National
82410faqs.aspxAdministrative ExemptionQuestions & Answers We have two LPNs working in case management of a hospital. Can these nurses be considered exempt employees ene though they are not RNs? 06/01/2010National
82350faqs.aspxAdministrative ExemptionQuestions & 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
82132faqs.aspxAdministrative ExemptionQuestions & Answers We have an exempt employee who is on medical leave. Her doctor has released her to work a few hours per day from home. Does she get paid her full salary? 04/20/2010National
82047faqs.aspxAdministrative ExemptionQuestions & 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
82051faqs.aspxAdministrative ExemptionQuestions & Answers We have a salaried employee that will be gone several weeks on military leave. If he takes a laptop and does some work at night, what wages do we owe him? 04/12/2010National
82049faqs.aspxAdministrative ExemptionQuestions & Answers We have a salaried employee that will be gone several weeks on military leave. If he takes a laptop and does some work at night, what wages do we owe? 04/12/2010National
82048faqs.aspxAdministrative ExemptionQuestions & Answers We have an employee that will be gone several weeks on military duty. If he takes a laptop and does some work at night, what wages do we owe him? 04/12/2010National
81937faqs.aspxAdministrative ExemptionQuestions & 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
81540faqs.aspxAdministrative ExemptionQuestions & Answers Can an exempt professional like a trainer be compensated hourly, straight time for all hours worked? 01/13/2010National
81435faqs.aspxAdministrative ExemptionQuestions & 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
81331faqs.aspxAdministrative ExemptionQuestions & 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
81061faqs.aspxAdministrative ExemptionQuestions & 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
80926faqs.aspxAdministrative ExemptionQuestions & Answers Is it OK to pay someone straight time for hours over 40 if their position is considered exempt? 10/07/2009National
80877faqs.aspxAdministrative ExemptionQuestions & 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
80844faqs.aspxAdministrative ExemptionQuestions & 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
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