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Are you an exempt employee under federal law?

Under the Fair Labor Standards Act (FLSA), many different types of employees may hold their employers accountable to pay them at least minimum wage and appropriate overtime pay for any more than 40 hours of work in a given work week. However, many other types of employees do not qualify for protection under the FLSA if their jobs meet certain qualifications. These exempt employees may legally work for less than minimum wage or go without overtime pay.

While there are some specific exemptions to individual professions, most exemptions are determined based on whether or not a job meets three tests. Exempt employees generally:

  • Make more than the yearly-adjusted threshold
  • Get paid a salary
  • Perform exempt duties as part of the job

In most cases, an exempt employee works in a field that does not recognize the FLSA. These employees include school teachers, physicians and administrators.

If you believe that you are unfairly categorized as an exempt employee and deserve a higher hourly wage and overtime pay, you should consult with an experienced employment attorney to determine your options. Should you find that your employer owes you back pay, you may also want to consider the guidance of an attorney.

It is always important to take an opportunity to stand up against unfair treatment. When you stand up for your rights and demand fair treatment in the workplace, you also stand up for the rights of countless others. Professional legal guidance ensures that you accurately navigate this difficult issue and keep your rights protected as you pursue fair treatment in the workplace.

Source: Findlaw, "Exempt Employees vs. Nonexempt Employees," accessed Nov. 24, 2017

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Costello & Mains, LLC

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

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