however, have their own wage and hour laws. In these cases, the DOL says that employers must apply the minimum wage or overtime rate that is most favorable to the employee.
Salary level test:An employee must earn more than $35,568 per year in order to be exempt, but may not be guaranteed as an exempt employee. Salary basis test:An employee who receives a compensation of a certain amount, regardless of the number of hours they work may be considered as exem...
For an employee to be exempt under FLSA they must pass the duties test. There are several miscellaneous exceptions that will render an employee...Become a member and unlock all Study Answers Start today. Try it now Create an account Ask a question Our experts can answer your tough ...
Salary basis test. Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. This amount need not be the entire compensation received, but ...
What Is an Example of an Exempt Employee? Exempt positions generally require the routine exercise of discretion and independent judgment and meet the other duties standards for the exemption categories as defined by the DOL. Applying the duties test may help you to determine which positions will ty...
Judge Mazzant wrote that although Congress delegated authority to the DOL to define and delimit the white-collar exemptions, Congress was clear when enacting the FLSA that the exemption determination needs to involve a consideration of an employee’s duties, rather than relying on salary alone. He...
Others require specific job descriptions, and courts use the “job duties test” to determine employee classification. For example, in order for outside salespeople to be classified as exempt under state law and the Fair Labor Standards Act (FLSA), the leading federal law covering the workplace...
If an employee is improperly characterized as exempt, an employer can be liable... KE Baldwin - 《California Veterinarian》 被引量: 0发表: 2017年 Psychological Contract Breach and Counterproductive Behavior in Exempt and Nonexempt Employees The purpose of this quantitative, causal comparative study ...
How you decide to classify workers is of great interest to the Department of Labor (DOL) and the IRS. The distinction between an employee or contractor impacts major aspects of the worker experience, such as: How they’re paid Their eligibility for benefits ...
The employee’s primary duty must include the exercise of “discretion and independent judgment” on “matters of significance.” Administrative assistants often meet the first part of this test, but fail the second part. Further, the FLSA regulations clearly state that executive or administrative as...