Exemptions for Highly Paid Employees can be Confusing

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The Fair Labor Standards Act (FLSA) has often considered wage and overtime exemption in terms of occupation. There are a few exceptions to these rules for employees who receive a large amount of pay, known as highly compensated worker exemption. Review this exemption.

Transcript of Exemptions for Highly Paid Employees can be Confusing

Page 1: Exemptions for Highly Paid Employees can be Confusing

Exemptions for highly-paid employees can be confusing

Page 2: Exemptions for Highly Paid Employees can be Confusing

The wage and overtime exemptions of the Fair Labor Standards Act are often considered in terms of occupation - administrative, professional

and outside sales being common applications.

Page 3: Exemptions for Highly Paid Employees can be Confusing

However, the FLSA also excepts certain workers from sections of the law if they receive a large amount of pay, which is known as the highly

compensated worker exemption

Page 4: Exemptions for Highly Paid Employees can be Confusing

To qualify, an employee must make at least $100,000 a year with at least $455 of those earnings coming on a weekly salaried basis, their

work includes little or no manual labor and they perform one or more duties commonly executed by a administrative, professional or

executive worker.

Page 5: Exemptions for Highly Paid Employees can be Confusing

Confusion can stem from deciding whether to apply the occupational or highly compensated employee exemption to a specific worker

Page 6: Exemptions for Highly Paid Employees can be Confusing

Misclassification may lead to a high liability for a company - employee attendance and time being particularly valuable when such a worker

earns six figures.

Page 7: Exemptions for Highly Paid Employees can be Confusing

The recent case of a pharmacist who sued his employer over classification and miscalculated pay, reported by HR.BLR.com, is an

example of why proper categorical placement.

Page 8: Exemptions for Highly Paid Employees can be Confusing

Exemption application are vitally important for businesses that use highly paid workers.

Page 9: Exemptions for Highly Paid Employees can be Confusing

Additionally, using time and attendance software to track hours worked helps employers remain complaint with the FLSA.

Page 10: Exemptions for Highly Paid Employees can be Confusing

Additionally, using time and attendance software to track hours worked helps employers remain complaint with the FLSA.