Exempt and non-exempt are classifications under the Fair Labor Stand- ards Act (FLSA). The FLSA is the federal law which requires most employ- ees receive at least minimum wage for each hour worked and overtime pay for hours worked over 40 in a work week. Usually, employees who are entitled to both minimum wage and overtime are called non- exempt. Those who are not entitled to both are called exempt.
任何职位都可以被归类为非豁免职位, meaning that employees in that position are entitled to both minimum wage and overtime pay. 把一个职位归类为豁免, the position needs to qualify under one or more of the exemptions listed in the FLSA.
执行, 行政, outside sales employee and learned pro- fessional exemptions are the most used exempt positions.. For a posi- tion to be classified as “exempt”, it must pass a three-part test:
• Duties: The employee must perform specific tasks (such as manag- ing at least two people) and regularly use their independent judgment and discretion in performing their work duties. 每项豁免均有其
• Salary level: The employee must make at least $684 per week under federal law if classified as exempt (Note: several states have higher min- imum salaries.)
Salary basis: The employee must be paid the same wages each week regardless of the number of hours worked or the quantity or quality of their work, 除了一些有限的例外. 社团
If a position meets all the criteria under one or more of the exemptions, the employee may be properly classified as exempt and will not be enti- tled to minimum wage requirements or overtime pay. If the position does not meet all the criteria under a specific exemption, the employee must be classified as non-exempt and must be paid at least minimum wage and overtime when applicable. For more information visit the De- partment of Labor website.