Is Your Salary Compliant with Exempt Status Regulations?

Question from Audit, Is Your Salary Compliant with Exempt Status Regulations?

Answer from AI:

When it comes to understanding whether your salary as an exempt employee is compliant with labor laws in the United States, there are several key factors to consider. The Fair Labor Standards Act (FLSA) sets the rules for wages and hours worked, including the criteria for exempt and non-exempt employee status. Being “exempt” generally means you are exempt from overtime pay requirements under the FLSA. It’s important to note that specific laws can vary by state, so while this information provides a general overview, consulting with a legal professional for advice tailored to your situation is recommended.

Understanding Exempt Status

To qualify as an exempt employee under the FLSA, your job typically needs to meet certain criteria related to your job duties and salary level. These criteria include:

• Salary Basis Test: You must be paid a fixed salary that is not subject to reduction based on the quality or quantity of work.
• Salary Level Test: Your salary must meet a minimum threshold. As of my last update, the federal minimum for exempt employees is $684 per week, or $35,568 annually. However, this amount can be higher in certain states or cities.
• Duties Test: Your job duties must primarily involve executive, administrative, or professional tasks as defined by the FLSA.

Given your annual salary of $90,000, you meet the federal salary level test for exempt status. However, it’s also crucial to ensure that your job duties align with the FLSA’s requirements for exempt work.

State and Local Laws

It’s important to be aware that some states and municipalities have established their own minimum salary thresholds for exempt employees, which may be higher than the federal requirement. For example, states like California and New York have higher minimum salaries for exempt status. You should check the specific laws in your jurisdiction to ensure compliance. The U.S. Department of Labor’s website provides links to state labor offices, which can be a helpful resource.

What to Do If You’re Concerned About Compliance

If you’re unsure whether your salary and job duties meet the exempt status requirements, consider the following steps:

1. Review your job duties: Compare your daily tasks with the FLSA’s criteria for exempt job duties. This can help clarify whether your role should be classified as exempt.
2. Consult with HR: Discuss your job classification with your company’s human resources department. They can provide insights into how your role was classified and address any concerns.
3. Seek legal advice: If you still have questions about your exempt status or believe there may be a compliance issue, consulting with an employment law attorney can provide personalized guidance.

Conclusion

While your salary of $90,000 annually exceeds the federal minimum for exempt employees, ensuring compliance with the FLSA involves more than just meeting the salary threshold. Your job duties must also primarily involve executive, administrative, or professional tasks. Additionally, be aware of any state or local laws that may impose higher minimum salary requirements for exempt status. If you have concerns about your classification, taking proactive steps to understand your rights and seeking professional advice can help ensure that you are properly classified and compensated according to the law.

Note: This information is intended to provide a general overview and should not be construed as legal advice. Employment laws are subject to change, and variations in state or local laws may apply. For advice specific to your situation, please consult with a legal professional.