Define: Exempt Employee

An exempt employee is an employee who is exempt from certain provisions of the Fair Labor Standards Act (FLSA), including minimum wage and overtime pay requirements.

To be classified as exempt, an employee must meet specific criteria related to their job duties and salary. The criteria typically include performing executive, administrative, professional, or outside sales duties and receiving a salary that meets or exceeds a certain threshold.

Exempt employees are not entitled to overtime pay, which means they may have more flexibility in their work hours and potentially higher salaries compared to non-exempt employees.

Yes, an employer can change an employee’s classification from exempt to non-exempt if their job duties or salary no longer meet the criteria for exemption. However, such changes must comply with applicable employment laws and regulations.

Exempt employees are generally not entitled to overtime pay, but they may be required to work additional hours beyond their regular schedule if necessary for their job responsibilities.

In general, an exempt employee’s salary cannot be reduced for partial-day absences or lack of work. However, there are exceptions to this rule, such as when an employee takes unpaid leave under the Family and Medical Leave Act (FMLA).

Yes, an exempt employee can be terminated without cause, as long as the termination does not violate any employment contracts, collective bargaining agreements, or anti-discrimination laws.

Exempt employees should primarily perform exempt duties related to their job classification. However, they may occasionally perform non-exempt duties without losing their exempt status, as long as the non-exempt duties are not the primary focus of their job.

Exempt employees are typically paid on a salary basis rather than an hourly basis. However, there are exceptions for certain professions or industries where hourly pay may be allowed for exempt employees.

Yes, an exempt employee can file a wage and hour claim if they believe their employer has violated the FLSA or other applicable labor laws. It is important for employees to consult with an employment attorney to understand their rights and options in such situations.