Can a non exempt employee be treated as an exempt employee?
Can a non exempt employee be treated as an exempt employee?
Employers should always be careful to not mistakenly treat exempt employees as non-exempt employees as the Department of Labor often investigates claims of this nature. If it finds that an employer has misclassified an employee as exempt simply to avoid paying overtime, it may look into all of the employer’s classifications.
When do non exempt employees have to be paid overtime?
After 40 hours per week, non-exempt employees must be paid overtime for any additional time they work unless they fall under an exception to the rule such as those who work in specific service or retail organizations.
Can you pay an exempt employee more than their guaranteed minimum?
In contrast, paying an exempt employee more than their guaranteed minimum salary would also not affect FLSA rules as it is not considered a reduction in pay. The bottom line is the exempt employees must be paid a guaranteed minimum amount every week in which they work any hours. That pay can generally not be reduced in any way.
Can a Dol exempt worker perform more nonexempt duties?
The DOL Wage and Hour Division’s regulations allow for flexibility during certain emergencies. “COVID-19 is a rare event affecting the public welfare of the entire nation that an employer could not reasonably anticipate and is consistent with the FLSA’s regulatory criteria for emergencies,” the department said.
Is the mortgage loan officer exempt from overtime?
Whether mortgage loan officers, and other loan officers, are exempt from overtime or not has been a hot topic for many years. The WHD’s stance on that question has shifted over time.
Can you be an exempt employee and a non exempt employee?
Depending on your responsibilities at work (as stated in your job description), you may be an exempt employee one week and non-exempt another week. It is possible to be misclassified as exempt which might entitle you to back-pay for unpaid overtime work.
After 40 hours per week, non-exempt employees must be paid overtime for any additional time they work unless they fall under an exception to the rule such as those who work in specific service or retail organizations.
What’s the minimum wage for a non exempt employee?
Employees must be paid the higher of the federal minimum wage (which is $7.25 as of 2017) or the state minimum wage – many of which are higher than the federal rate. Employers should always be careful to not mistakenly treat exempt employees as non-exempt employees as the Department of Labor often investigates claims of this nature.