Do Exempt Employees Get Overtime Pay In April 2024 the United States Department of Labor DOL released a final rule that will increase the minimum salary amount required to be paid to certain employees in order for these employees to be considered exempt from the Fair Labor Standards Act FLSA overtime pay requirements As a result of the final rule the minimum salary required for certain employees to be classified as exempt
A If you want to keep the federal exemption from overtime you must make sure their weekly salary is at least 844 beginning July 1 2024 and their primary duties continue to qualify for exemption If you don t pay them at least 844 per week in salary you will have to reclassify them as non exempt Unless specifically exempted employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one half their regular rates of pay There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek The Act does not require overtime pay
Do Exempt Employees Get Overtime Pay
Do Exempt Employees Get Overtime Pay
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The Motor Carrier Exemption To Overtime Pay TowLawyer
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When You Are Not Paid Overtime As An Exempt Employee
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The federal overtime provisions are contained in the Fair Labor Standards Act FLSA Unless exempt employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one half their regular rates of pay There is no limit in the Act on the number of hours employees aged 16 and older The new overtime rule salary threshold increases to 43 888 on July 1 2024 and increases again to 58 656 as of Jan 1 2025 Unless exempt employees covered by the Fair Labor Standards Act
Under the FLSA employees are generally required to pay an overtime premium of 1 5x the employee s regular rate of pay per hour if the employee works more than 40 hours per week unless the employee qualifies as exempt from overtime To be exempt from overtime under federal law most workers must qualify as a bona fide executive Effective Jan 1 2020 the Department of Labor DOL increased the minimum weekly pay for exempt employees making more people eligible for overtime pay Exempt employees who make less than 684 a week or 35 568 a year must receive overtime pay Non exempt employees are already paid overtime if they work at least 40 hours per week
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By looking at overtime hours budgets and job descriptions HR should have a better idea whether it wants to keep an employee exempt by raising their salary to meet the new salary thresholds or An employee s eligibility for overtime pay is based on employee classification exempt and nonexempt Nonexempt employees must be paid at least the minimum wage for all hours actually worked and must be paid the appropriate overtime premium when they work more than 40 hours in a workweek
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work Employees covered by the Fair Labor Standards Act FLSA must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one half times their regular rates of pay The FLSA does not require overtime pay for work on Saturdays Overtime For covered nonexempt employees the Fair Labor Standards Act FLSA requires overtime pay PDF to be at least one and one half times an employee s regular rate of pay after 40 hours of work in a workweek Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes
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Do Exempt Employees Get Overtime Pay - The employee s primary duty must be the performance of exempt work in order for the minimum wage and overtime white collar exemptions to apply See DOL Opinion Letter FLSA 2005 14 Industry