COMPLIANCE
Exempt employees – basic federal regulations, exceptions
Gretchen Inouye CPP, payroll manager, Smith Center for the Performing Arts, explains what an exempt employee is and the impacts of this on payroll processing*
What’s an exempt employee and what does that mean? Employees who are classified as exempt under the Fair Labor Standards Act (FLSA) aren’t covered by the federal hourly minimum wage or by overtime requirements. Related segments of labour law cover other pay and work requirements. Employees considered non-exempt include manual labourers and blue-collar workers who work repetitively with their hands at a skilled or non-skilled occupation. Other non-exempt classifications include police, firefighters, paramedics and other first responders. Exempt employees can concurrently perform non-exempt work if their primary duties remain primary. Some employees may meet a combination of requirements to satisfy exempt status. Three basic criteria are used to properly classify employees as exempt: job duties, salary basis and salary level. Job titles, however, don’t determine classification. Accurate, current descriptions of primary duties and responsibilities for classification support, salary basis evidence and salary levels should be maintained in employment records. Exempt employee categories There are several occupational classifications which fall into the category of an exempt employee. They include the following: Executive Primary duty is management of the organisation or recognised segment, supervision of two or more full-time equivalent employees and authority to hire and fire or provide considered recommendations regarding staffing. Administrative Primary duties include non-manual work directly related to general business operations or administration with the exercise of discretion and independent judgment in matters of significance (administrative duties in educational institutions also fall under this classification).
Professional There are several categories of professionals with varied primary duties: l learned professionals who possess advanced knowledge and / or a formal degree within a certain field l creative professionals who perform work requiring originality, invention or imagination l computer professionals who possess and demonstrate highly developed skills in system analysis, programming, design, testing, documentation or consultancy. Outside sales Primary duties are the sale of tangible or intangible items or obtaining orders / contracts for services or the use of facilities where these activities must customarily be conducted away from the employer’s places of business (there are exceptions for outside sales are there’s no salary basis and no minimum salary). Highly compensated Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. Explaining exempt employee salary The general provision is that an exempt employee is to be paid full salary for any week in which the employee works without regard to hours worked or quantity / quality of work. However, a pay reduction is allowed if an employee chooses to take a full day off for personal reasons other than sick or disability and the first or last week of employment may be prorated. The Family and Medical Leave Act (FMLA) allows full and partial day absences as reductions of salary. A fee basis for a single assignment may qualify, provided the fee equals or exceeds the minimum weekly salary if converted to an hourly rate.
The salary level for employees classified as exempt generally requires a minimum of $684 per week. Teachers and individuals with law or medical degrees actively engaged in those professions aren’t covered by the minimum weekly salary. Other laws and agreements According to the US Department of Labor (DOL) Wage and Hour Division (WHD), the FLSA provides minimum standards which may be exceeded, but cannot be waived or reduced. Therefore, employers must comply with any federal, state or municipal laws, regulations or ordinances that may establish a higher minimum wage or lower maximum work week than any established under the FLSA. Of course, employers can take initiative and provide a higher wage, shorter work week or higher overtime premium than provided under the FLSA. More information on this topic can be found in T he Payroll Source Section 2.4 – exempt and non-exempt employees and PayrollOrg’s (PAYO’s) Guide to Federal and State Wage and Hour Laws . Please note: In August 2023, the DOL announced a notice of proposed rulemaking to increase the minimum salary level for exempt employees from $684 to $1,059 per week (or from $35,568 to $55,068 per year). The salary level for highly compensated employees would increase from $107,432 to $143,988 per year. For more information, see here: https://ow.ly/ibVY50RtAi4. PayrollOrg (PAYO), https://ow.ly/ wLps50PNR1g, is the leader in global payroll education, publications and training. This nonprofit association conducts more than 300 payroll training conferences and seminars across the globe each year and publishes a complete library of resource texts and newsletters. Representing more than 20,000 members, PayrollOrg is the industry’s highly respected and collective voice in Washington, D.C. Get more information at https://ow.ly/aEcc50PNR4E and https:// ow.ly/16WJ50PNR73.
*This article relates to US payroll practices.
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| Professional in Payroll, Pensions and Reward |
Issue 101 | June 2024
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