1/11/2012
Employers often run into mistakes in classifying employees as exempt or nonexempt. As a refresher, common exemptions from overtime pay allowed by the Department of Labor include:
| Exemption |
Minimum Pay |
Example |
Additional Information |
| Executive |
$455 per week |
HR Manager |
Primary duty is managing the work of a department with at least two full-time employees. |
| Administrative |
$455 per week |
Office Manager |
The primary duty includes discretion and independent judgment in significant company matters. |
| Learned or Creative Professional |
$455 per week |
Doctor, Lawyer |
Learned professionals have advanced knowledge in science or learning, requiring prolonged specialized instruction. Creative professionals use invention or originality in artistic or creative endeavors. |
| Computer Employee |
$455 per week or $27.63 per hour |
Software programmer |
Computer systems analyst, programmer, software engineer or similar in the computer field. |
| Outside Sales |
None specified |
Sales made at the customer's place of business |
While away from the employer's place of business, the employee obtains sales or orders for paid services. |
| Highly Compensated |
$455 per week; pay and bonuses must total at least $100,000 annually |
CEO |
Regularly performs at least one of the non-manual exempt duties of an executive, professional, or administrative employee. |
For assistance in determining your employee's exempt or nonexempt status, please contact Nextep's HR Department.
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