Small businesses often rely on a mix of salaried and hourly employees to keep operations running smoothly. While many salaried employees are considered exempt from overtime pay, it’s essential for business owners to understand that exemptions are not solely based on job titles. The Fair Labor Standards Act (FLSA) sets specific criteria that determine whether an employee is exempt or non-exempt from receiving overtime pay. In this article, we’ll delve into what small businesses need to know about overtime pay for exempt employees, including salary thresholds, exemptions, and the case of administrative professionals.

Salary Thresholds for Exempt Employees

The FLSA establishes minimum wage and overtime pay standards for employees in the United States. Exempt employees are typically salaried workers who do not qualify for overtime pay, but this exemption is not automatic. Two salary thresholds are crucial for understanding when employees become eligible for overtime pay:

Standard Exemption Threshold:  As of my last knowledge update in September 2021, employees earning less than $684 per week ($35,568 annually) are generally entitled to overtime pay for any hours worked beyond the standard 40-hour workweek.

Highly Compensated Employee Threshold: Highly compensated employees (HCEs) are those whose primary duty includes performing office or non-manual work and who earn at least $107,432 annually. If an employee falls below this threshold, they may be eligible for overtime pay, regardless of their job duties.

It’s essential to stay updated with the latest regulations, as these thresholds may change over time.

Understanding Exemptions

Meeting the salary thresholds alone does not guarantee an employee’s exemption from overtime pay. The FLSA includes exemptions based on job duties, which fall into categories such as executive, administrative, professional, computer-related, and outside sales.

Administrative Professional Exemption

For small business owners, the administrative exemption is often of particular interest. To qualify for this exemption, an employee must meet specific criteria:

Primary Duty:  The employee’s primary duty must involve office or non-manual work directly related to management or business operations.

Discretion and Independent Judgment:  The employee must regularly exercise discretion and independent judgment in significant matters.

Salary Basis Test:  The employee must receive a predetermined and fixed salary that is not subject to reduction based on variations in quality or quantity of work performed.

These criteria aim to distinguish between employees who perform routine tasks and those who have a significant impact on the business’s operations and decision-making processes.

Conclusion

Navigating the intricacies of overtime pay for exempt employees is vital for small businesses to avoid legal complications and ensure fair treatment of their workforce. Remember that the FLSA’s rules and regulations can change over time, so staying informed about the latest updates is crucial. While salaried employees are often considered exempt from overtime pay, it’s essential to evaluate their job duties and responsibilities in conjunction with the salary thresholds to determine their eligibility accurately.

As a small business owner, taking proactive steps to understand and implement these regulations can contribute to a harmonious working environment and a strong foundation for sustainable growth. Always consider seeking legal counsel or consulting with HR professionals to ensure compliance with labor laws and to make informed decisions about employee compensation.