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FLSA question:If an employee's base wages are $48,000 per

Customer Question
year in 2017, , does...
FLSA question:If an employee's base wages are $48,000 per year in 2017, , does he HAVE to be classified as exempt? Or could he be non-exempt?
JA: Have you documented this or discussed it with HR?
Customer: Yes-Discussed. No definitive answer.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full-time-at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 1 year ago.Category: Employment Law
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Answered in 8 minutes by:
11/15/2016
Employment Lawyer: John, Employment Lawyer replied 1 year ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,875
Experience: Exclusively practice labor and employment law.
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No. This ignores the entire premise that only certain positions may be classified as exempt - generally executive, administrative, or professional duties as defined by the DOL regulations (“duties test”) See http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.htm

Only then can the employee be exempt if the $48,000 is paid on a salary basis, meaning regardless of the number of hours put in each week the employee is paid the same amount per workweek . Otherwise the employee is not exempt and is supposed to be paid on an hourly basis with at least minimum wage and paid overtime.

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

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