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The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. Covered means an employee is protected by the FLSA.
The learned professional exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best evidence of meeting this requirement is having the appropriate academic degree.
Tips For Drafting Job Descriptions for Exempt EmployeesAccuracy is King. The job description must be accurate.Accuracy Does Not Mean Exhaustion.Strong Verbs, Clear Impact.Focus on Exempt Functions.Don't Shy Away From Degree Requirements.Assist With Can Diminish a Role.Consider Requiring Acknowledgement.
Under Section 2, Subdivision (b) of the AB-5 Text, the following is included in the ABC Test Exemption: (3) An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant.
In addition, to be classified as exempt after July 1, 2017, a teacher in a private elementary or secondary school must be paid the greater of the following: The lowest salary paid by any California school district to an employee with a teaching credential, or.
A compliance audit for the FLSA is a review of the employer's policies, procedures, practices, and documentation to ensure that the employer is in compliance with the FLSA and its regulations. This includes a review of the minimum wage requirements, overtime pay, record keeping, and youth employment standards.
Employees who are exempt from the FLSA's minimum wage and overtime laws include: executive, administrative, and professional employees and some computer workers; outside salespeople such as those who do sales away from the employer's place of business, like a door-to-door salesperson.
The FLSA requires that these employees be paid overtime at the premium (time-and-one-half) for actual time worked in excess of 40 hours per week. Exempt employees are employees who, based on the duties performed and the manner of compensation, are exempt from the FLSA minimum wage and overtime provisions.
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).
The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.