what is an exempt employee for overtime?
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Exempt Employees. Under the Fair Labor Standards Act (FLSA) (and some state law equivalents), employees who are exempt from either overtime pay or both minimum wage and overtime pay because they satisfy the requirements of one or more exempt employee categories.
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Exempt employees are not entitled to overtime pay; however, an employer may choose to pay exempt employees extra compensation in addition to their fixed salary without jeopardizing the exempt status. The Fair Labor Standards Act (FLSA) requires most exempt employees to be paid on a salary basis.
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Employers must pay for overtime, even if an employee agrees not to claim overtime pay. Overtime is given to employees regardless of how they're paid – hourly, monthly salary, annual salary, or commission earnings.
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Under California employment law, employees are generally classified as exempt or non-exempt. Non-exempt employees are eligible for overtime, rest and meal breaks, and are subject to California's minimum wage laws. Exempt employees may not be eligible for overtime or breaks.
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Normally, if you are an exempt, salaried employee, you do not qualify for overtime pay if you work more than 40 hours a week. But the fact that you are paid a salary is not, by itself, enough to exempt you from the federal law's minimum wage and overtime requirements.
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Bottom Line for Employers For example, they can convert current salaried exempt employees to salaried nonexempt or hourly nonexempt, and pay overtime for any work over 40 hours in a workweek. To reduce overtime costs, employers could also limit the number of hours of work to 40 hours per week or less.
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Nonexempt Employees. Related Content. Under the federal Fair Labor Standards Act (FLSA), employees who are not exempt from the FLSA's minimum wage or overtime pay protections. The most common exemptions under the FLSA are the following (the so-called white-collar exemptions): Executive.
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There are no provisions in employment standards law that exempts salaried employees from overtime entitlements. ... In Ontario, for instance, employees are entitled to overtime pay for hours worked in excess of 44 per week. Certain provinces, such as BC, also have daily overtime pay for hours worked in excess of 8 and 12.
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Under the Fair Labor Standards Act (FLSA) (and some state law equivalents), employees who are exempt from either overtime pay or both minimum wage and overtime pay because they satisfy the requirements of one or more exempt employee categories.
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Some employees are exempt from FLSA requirements, such as pay for overtime and minimum wages, even though their employers are covered. For example, many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.
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Nonexempt, Hourly Nonunion: Refers to any non-union employees, paid on an hourly basis, who are eligible for overtime pay under the Fair Labor Standards Act. ... Exempt, Salaried: Refers to salaried employees except officers/executives not subject to the overtime pay provisions of the Fair Labor Standards Act.
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Casual Laborers Individuals “employed in casual labor in or about a private home” are exempt from overtime and minimum wage requirements.
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You are entitled to take statutory holidays and vacation time offered as paid time off. If you work overtime, even in a salaried position unless you fall into an exempt job, you would be entitled to overtime pay. If you work a statutory holiday, unless you are in an exempt job, you are entitled to stat holiday pay.
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Exempt employees are generally not paid on an hourly basis. Most exempt employees are paid a regular salary that is not directly tied to hours worked or production. If an employer regularly deducts wages from an employee when they miss a few hours of work, the employee may be misclassified as exempt.
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Federal Law: Overtime Requirements for Truck Drivers Under federal law, drivers might be exempt from overtime under the Motor Carrier Exemption of the Fair Labor Standards Act (“FLSA”). The issue is whether a driver is involved in interstate commerce.
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Most employees working over 40 hours a week must be paid overtime. Overtime pay is 1 ½ times an employee's regular rate of pay. ... There are several types of jobs that the law exempts from overtime. If you are not exempted, you should get overtime if you work more than 40 hours a week, even if you are paid a salary.
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Washington labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. WA Dept. of Labor: Understanding Overtime.