EXEMPT EMPLOYMENT

If you're looking for a job or discussing your pay, one important consideration is whether your position is "exempt" under the Fair Labor Standards Act (FLSA), the federal laws that spell out how employees must be paid.

Under the FLSA, a distinction is drawn between "exempt" and "nonexempt" employees covered by the act. Simply put, nonexempt employees are entitled to overtime pay while exempt employees are not.

Are you an exempt or nonexempt employee? It is in your best interest to understand the distinctions. The difference can mean hundreds of extra dollars in your paycheck. If you have questions or concerns regarding the way your job is categorized, you owe it to yourself to speak with a knowledgeable labor law attorney.

The Virginia employment law attorneys at Marks & Harrison can help. Call us toll free at 1-800-283-2202 or submit a Case Evaluation online. We have offices throughout Virginia, including in Richmond, Hopewell, Petersburg, Charlottesville, Tappahannock, Louisa, Staunton and Fredericksburg.

Covered nonexempt employees must receive overtime pay for any work in excess of 40 hours a week -- and that overtime pay must be at least equal to one and one-half times the employee’s base wage. For the most part, exempt employees are not covered by this rule.

What are some of the characteristics of an exempt position? An exempt position is one that requires "discretion and independent judgment." In addition, an exempt employee must be paid a salary rather than an hourly wage, and his or her weekly income can be no less than $455 per week.

The Department of Labor (DOL) has specific categories of workers that may be classified as exempt. Those include:

• Commissioned sales employees of retail or service establishments if more than half of the employee's earnings come from commissions, and the employee averages at least one and one-half times the minimum wage for each hour worked;
• Computer professionals paid at least $27.63 per hour;
• Drivers, driver's helpers, loaders and mechanics if employed by a motor carrier;
• Farm workers employed on small farms;
• Salespeople, parts people and mechanics employed by automobile dealerships;
• Workers in seasonal and recreational establishments ;
• Executive, administrative and professional workers, and outside sales employees ;

These classifications are not exclusive and there are many exceptions.

There are often clear benefits to the employer to classify a worker as exempt. The most obvious is that exempt employees are not paid for overtime work. However, the FLSA requires that actual job responsibilities -- not just job title -- be weighed when deciding whether a job is exempt or nonexempt. For example, a secretary cannot be made exempt simply by having her job title changed to administrative assistant.

As you can see, your status as an exempt or nonexempt employee can have a significant impact on how much you are paid. If you have questions about whether you are being paid what you deserve, the Virginia employment lawyers of Marks & Harrison have answers.

Protect your rights and contact us today for a consultation. Our VA labor lawyers will analyze your case and advise you on the best course of action.

Contact us today by calling toll free at 1-800-283-2202. Our phones are answered 24 hours a day, 7 days a week. You can also submit a Case Evaluation online or send us an email at lawyers@marksandharrison.com.