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It is stated that the rules provide a safe harbor that may preserve an employee's exempt status should impermissible deductions be made. Among other things, the rules state that the salary basis component of the exemption test is not lost if the employer reimburses employees for any improper ...
To satisfy the duties test, the employee’s “primary duty” must meet certain characteristics. This chapter provides the criteria that must be met to qualify for each exemption along with methodological approaches to evaluate the duties test under each exemption. Evaluation of exempt status requires...
United States Supreme Court Holds That The Preponderance-Of-The-Evidence Standard Applies to Exemption Defenses Under The Fair Labor Standards Act Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In Wage Suit The Facts Mat...
The final requirement for the executive exemption is that the employee have genuine input into personnel matters. This does not require that the employee be the final decision maker on such matters, but rather that the employee's input is given "particular weight." Usually, it will mean that ...
The salary threshold test sets the floor on the minimum amount of money that an employee must be paid before the FLSA permits an employer to claim an exemption and therefore NOT have to pay that employee overtime. What is the current Salary Threshold under the FLSA?
Professional Exemption Salary Basis Test Miscellaneous Exemptions Computer Employee Exemption FLSA Manage your tracked topics> About This Resource Jurisdiction Federal Status This resource is kept under review and updated in line with developments. Start Your Free 7-Day Trial See how HR & Compl...
Each of the white collar exemptions has two components, both of which must be satisfied for the exemption to apply. The employee must (1) perform all the job duties required by the specific exemption (the “duties test”) and (2) be paid on a salary basis at least $684 a week (the...
While some salaried positions can be exempt, many salaried employees are misclassified as exempt because their duties do not meet the exemption requirements under the FLSA.If you believe you have had overtime wages wrongfully withheld according to the FLSA overtime regulations, fill out our ...
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption DisputeNicole Eichberger