April Mabry Ronda Bauman TASB HR Services. Exempt or Nonexempt? That is the Question. Myth or Reality?. All salaried employees are exempt. Myth Employees who earn more than $23,660 per year are exempt. Myth. Myth or Reality?.
Exempt or Nonexempt?
That is the Question
The U.S. Department of Labor (DOL) assumes jobs are nonexempt.
Employers are responsible for proving the exemption claimed is valid.
To be classified as EXEMPT, a position must meet all of the criteria for one of the exemption tests.
Ensure the workweek is consistently defined and documented.
The principal, main, major, or most important duty the employee performs.[29 C.F.R. §541.700(a)(b)]
PRIMARY DUTY IS…
Predominantly intellectual in character requiring consistent exercise of discretion and judgment.
KNOWLEDGE OF AN ADVANCED TYPE
When in doubt, classify as nonexempt.
TASB HR Services