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What Is Exempt Employee

Most employees work a pretty standard work week based on working 40 hours each week. There are some employees who have to frequently put in late nights to finish projects, meet deadlines, or to pick up the slack in a pinch. Some of these employees get overtime and some do not. The employees that do not get paid overtime are classified as “exempt” employees, but that classification must be legal under the Federal Labor Standards Act (FLSA).

How to determine if you are an exempt employee:

The term “exempt” refers to an employee and/or job duties that do not qualify for overtime protection under the Federal Labor Standards Act (FLSA). Most of these employees are salaried exempt employees. An employment lawyer can help you decide if you fall into this category.

Who should exempt from overtime pay? Some examples of typical job descriptions for exempt employees are:

  • Auto sales people and other sales persons
  • Certain switchboard operators
  • Computer professionals
  • Criminal investigators
  • Farm workers on small farms
  • Fishing operation employees
  • Live-in domestic employees
  • Loaders and helpers
  • Mechanics
  • Movie theater employees
  • Newspaper delivery persons and people that work for small newspapers
  • Railroad employees
  • Seamen and ships crew
  • Seasonal and recreational workers
  • Truck drivers

There are certain job titles that specifically cause an employee to be exempt; most of which are consider professional employment and most of which require some type of higher learning degree, or a specialized education. They may involve an employee to exercise their discretion, or require the employee to have a professional registration or license. In addition, some creative professionals are exempt. Some examples of typical job titles for exempt employees are:

  • Lawyers
  • Doctors and Dentist
  • Teachers
  • Architects
  • Clergy
  • Nurses except LPN’s
  • Accountants not bookkeepers
  • Most Engineers
Scientist not technicians
Musicians and Composers
Journalist to some capacity

Exempt Employees with Administrative Job duties

Another exemption that often confuses people applies to job duties that fall under the administrative category. This includes administrative, executive, and professional employees. Exempt employees in this category do not qualify for overtime pay. Administrative jobs may be exempt in specific instances. To distinguish an exempt employee from non-exempt operation or production employees it is important to note that exempt administrative employees are usually not directly related to production of products or delivering services that the company sells, but instead provide support to production and operational employees. Some examples would include people that work in human resources, marketing, quality control, public relations, and some computer related jobs.

Exempt Employee Rights

Exempt employees do not have any right to additional compensation under the FLSA overtimes rules. An exempt employee is entitled to receive the full amount of their salary in a pay period, but no more. Under the FLSA, the employer is prohibited from asking an exempt employee to make up time due to their absence from work, however unpaid leave is permissible in certain situations.

If you feel that you are not being paid overtime and that you are not an exempt employee, a Los Angeles employment lawyer can help you determine your rights. An employment law attorney can help you bring a claim against your employer if you have been improperly paid.

If you have questions about exempt versus non-exempt classifications and salary calculations, call our employment attorney today and discuss your situation for free. At Consumer Action Law Group, our labor lawyers are available to help employees with questions, and most legal advice is free on the spot. Call our labor attorneys and ask your questions today, call 818 254 8413 and talk to a lawyer for free.

What Is Exempt Employee
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