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Transitioning from nonexempt to exempt involves ensuring your job responsibilities align with the criteria set by the Fair Labor Standards Act. This may require modifications to job duties, payment structures, or levels of responsibility. Employers can streamline this process by referencing the Tennessee FLSA Exempt / Nonexempt Compliance Form, ensuring all details are managed according to established guidelines.
That means an exempt employee will be paid the same salary whether he works 30 hours a week or 70 hours in a week. If an employee is classified as exempt, he's not entitled to overtime rates of pay or additional compensation for on-call hours.
Waiver of Overtime Hours In these cases, an employee can work beyond the 8 hours a day and 40 hours a week threshold and must be paid at the FLSA mandated overtime rate.
The FLSA also defines what kind of behavior can be considered working. For example, the FLSA is the reason you do not get paid for your commute to work, but you should get paid for any work you do, no matter what the time or place.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
How to Make Sure You Stay Compliant with FLSA RequirementsAudit Jobs to Understand which are Exempt and Non-Exempt.Check the Minimum Wage Requirement in Your State.Pay for All Time Worked Even if it Is Unauthorized Overtime.Keep Detailed Documentation of All Non-Exempt Employees.
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).
An employee's FLSA status is whether that employee is classified as exempt or nonexempt according to the Fair Labor Standards Act (FLSA). An employee who is nonexempt is entitled to receive overtime pay after they work a certain number of hours, while exempt employees are not eligible for overtime.
Generally to be exempt, employees must be paid a certain amount every week without deductions. In addition to the salary requirement, only employees who perform very specific job duties will be exempt from receiving overtime pay.
Generally, Tennessee salaried employers who make more than $23,660 are not due overtime, but new rules and new interpretations under the federal Fair Labor Standards Act (FLSA) have qualified more salaried employees for overtime pay.