Are all of your employees eligible to receive overtime pay? Some employees are exempt from overtime pay and minimum wage laws. Exempt employee qualifications are determined by theFair Labor Standards Act（FLSA）。为了正确运行工资单，您需要熟悉豁免员工。什么是豁免员工？
什么是豁免员工？
To have exempt employee status, there are three exempt employee requirements that must be met. The worker must be paid on a salary basis, make the minimum salary for exempt employees, and have job duties that are considered exempt. Here is the criteria for exempt employees.
Salary payment
The first criteria for exempt status is that exempt employees must be salary instead of hourly workers. However, being salaried does not necessarily mean an employee is exempt. There are many nonexempt workers who receive a salary rather than hourly pay.
Minimum salary requirements for exempt employees
Due to aDOL new overtime rule, employees must earn a salary of at least $35,568 per year, which is $684 per week, to be exempt from overtime pay (beginning January 2020).
工作责任
One criterion for exempt status for employees is having high-level responsibilities. These job duties have specific responsibilities that qualify them for exemption. There are three main categories that exempt job duties are divided into.
1. Executive exemption
In order to fall under executive exemption, an employee must be able to meet the following requirements:
- Manage your small business
- Direct two or more full-time employees
- Have the ability to hire, fire, promote, or change the status of other employees
2. Administrative exemption
To fall under the administrative exemption, an employee must meet the following requirements:
- Perform office or non-manual work related to the general business operations or management
- Use their own discretion when performing tasks without reporting to someone else
3. Professional exemption
要遵守专业豁免或“学识渊博的专业人员”，员工必须满足以下要求：
- 工作责任require advanced knowledge in the field of science or learning (e.g., law, medicine, engineering, etc.)
- Be certified in their particular field (e.g., college degree)
To fall under the “creative professional” exemption, an employee must meet the following requirement:
- Utilize invention, imagination, originality, or talent in an artistic or creative field
There are also job duty exemptions for other types of employees, which includescomputer-relatedoccupations,outside salesemployees, and《公平劳动标准法案》的规定highly-compensated雇工es.
支付您的豁免员工
您不必向豁免员工支付加班工资或最低工资. When it comes time to determinehow to set salaries, consider the tasks your employees do and how much they work.
如果您的受薪员工每周经常工作超过40个小时，则可能需要考虑增加他们的薪水。您不想利用这一事实，即他们不能加班并赔偿很差的事实。
Be clear to your employees when you hire them that they are exempt from overtime wages. That might prevent any misunderstandings and wage disputes in the future.
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This article was originally published on 12/29/2011.
This is not intended as legal advice; for more information, please点击这里。