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16.61 ELEMENTS OF DEFENSE: ADMINISTRATIVE EMPLOYEE EXEMPTION

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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
16.61 Elements of Defense: Administrative Employee Exemption is a statutory defense that is available under the Federal Fair Labor Standards Act (FLEA). This defense allows employers to exempt certain administrative employees from the overtime provisions of the FLEA. To qualify for this exemption, an employee must meet all the following criteria: • Be compensated on a salary basis at not less than $684 per week; • Primarily perform office or non-manual work; • Exercise discretion and independent judgment with respect to matters of significance; • Regularly and customarily perform one or more of the exempt duties of an administrative employee. There are three types of administrative employee exemptions: executive, administrative, and professional. An executive employee exemption applies to employees who primarily manage the enterprise or a department or subdivision of the enterprise and have the authority to hire or fire other employees or have significant input into the hiring, firing, or changing the status of other employees. An administrative employee exemption applies to employees whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers and who exercise discretion and independent judgment with respect to matters of significance. A professional employee exemption applies to employees whose primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.

16.61 Elements of Defense: Administrative Employee Exemption is a statutory defense that is available under the Federal Fair Labor Standards Act (FLEA). This defense allows employers to exempt certain administrative employees from the overtime provisions of the FLEA. To qualify for this exemption, an employee must meet all the following criteria: • Be compensated on a salary basis at not less than $684 per week; • Primarily perform office or non-manual work; • Exercise discretion and independent judgment with respect to matters of significance; • Regularly and customarily perform one or more of the exempt duties of an administrative employee. There are three types of administrative employee exemptions: executive, administrative, and professional. An executive employee exemption applies to employees who primarily manage the enterprise or a department or subdivision of the enterprise and have the authority to hire or fire other employees or have significant input into the hiring, firing, or changing the status of other employees. An administrative employee exemption applies to employees whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers and who exercise discretion and independent judgment with respect to matters of significance. A professional employee exemption applies to employees whose primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.

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Key Takeaways. An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and they work in professional, administrative, executive, outside sales, and computer-related fields.

An employee is covered by the FLSA if he or she is engaged in interstate commerce or in the production of goods for interstate commerce.

In short, the executive exemption means employees whose primary duties comprise managerial tasks are not eligible for FLSA coverage like overtime pay. The roles that typically fall under the executive exemption include CEOs, mid-level managers, and shift managers.

In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment.White Collar Duties.Independent Judgment.

A few employers, including small farms?those that use relatively little outside paid labor?are explicitly exempt from the FLSA. Many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.

Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive,

Employees may be considered exempt if they are paid a salary, earn at least $684 per week or $35,568 annually, and perform the job duties of one of the exempt professions (administrative, executive, etc.). Highly compensated employees who make $107,432 or more per year are also not required to be paid overtime.

More info

Affirmative Defense Nonpayment of Overtime Administrative Exemption. Judicial Council of California Civil Jury Instructions (2023 edition).Certain employees may be exempt from the FLSA's overtime payment requirements pursuant to the DOL's so-called "white collar" exemptions.

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16.61 ELEMENTS OF DEFENSE: ADMINISTRATIVE EMPLOYEE EXEMPTION