Determining Overtime Eligibility
Employees, especially those working over 40 hours a week should determine whether an employee is exempt or not exempt under the overtime law. Exempt and non-exempt status determines whether a worker can receive long-and-a-half pay when working more than 40 hours weekly. An exempt employee may not receive overtime, while a non-exempt worker entitled to compensation for overtime. Since many employers may be confused for overtime law, employees who are aware of their state can verify that they are receiving payment under the law are entitled to overtime.
For most workers, overtime eligibility is determined by how the worker is paid what they are paid, and their duties. Be paid by salary or have a certain job title does not automatically make an employee may not receive a salary. In general, employees who can not collect overtime must receive at least $ 455 a week, have to pay a salary and meet one of the exceptions established by federal law overtime overtime, the Fair Labor Standards Act (FLSA). The three main exemptions under the FLSA are exempt professional, administrative and executive exemptions exemption. People who do not fulfill one of the following exemptions are likely to receive a salary.
1. Professional Exemption
To meet the professional exemption, the worker must play a position that requires advanced knowledge in the fields of education or science. Professional employees generally have an academic degree in their field. A person whose profession requires originality and imagination in a creative or artistic field that fall within the professional exemption. Examples of professional associates are lawyers, doctors and teachers.
2. Exemption
To meet the administrative exemption, the employee must perform office or non-manual work or work towards the school. Administrative employees must also regularly exercise discretion and independence of mind in matters important. For example, planners and buyers of department stores are examples of administrative employees. Although office work is considered “administrative”, most secretaries have the right to overtime pay. Answering phones, filing, collection of reports and the preparation of travel plans are not considered job tasks at high level. Therefore, secretaries performing these tasks of jobs are not in accordance with the provisions of the administrative exemption. Moreover, although many secretaries exercise trial in their positions, this level of assessment should be compared with the importance of activities. For example, the selection of office supplies is not generally considered an important issue when you compare this job to job with those of others in society.
3. Executive Exemption
be considered an executive employee, the employee must regularly direct at least two employees, to manage the company or unit of society, and have the ability to hire and fire employees. If a manager and an assistant are on duty at the same time, the manager considers the person “in charge”. Consequently, many assistant managers are eligible for compensation of overtime when working more than 40 hours per week.
In addition to the three main exemptions to overtime, those engaged in outside sales (sales outside the yard) can not receive remuneration. Also, some computer employees may be exempt from overtime pay. However, computer operators, systems engineers, junior programmers, technicians and writers, as well as computer professionals who make, repair or maintenance of computer hardware are generally eligible for a salary.
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