How are salaried exempt employees paid in New Jersey?

Salaried exempt employees are not paid according to hours worked. They must get a full day’s pay for partial days taken, and full salary for weeks in which they perform any work.

Can a salary exempt employee work every week?

But there must be some part of the employee’s salary that is guaranteed every week in which they work at all. However, if the employee is paid by the hour, and earns a different amount of money depending on how many hours they work, they are probably not exempt.

What are the rights of an exempt employee?

Rights of exempt vs. non-exempt employees Non-exempt employees have rights under the FLSA, including minimum wage and overtime pay. But exempt employees do not have those rights. The only real “right” that the exempt employee has under FLSA is to be paid their guaranteed minimum salary in any week that they perform some work.

Who is exempt from overtime in New Jersey?

Salaried executive, administrative and professional employees, as defined by the Fair Labor Standards Act, are exempt from overtime in New Jersey and must receive no less than weekly salary of $455 as of this publication in 2015.

Salaried exempt employees are not paid according to hours worked. They must get a full day’s pay for partial days taken, and full salary for weeks in which they perform any work.

When does an exempt manager have to be at work?

For example, if an employee manages nonexempt employees who must be at work between 9 a.m. and 5 p.m., you can require the exempt manager to be at work during the same hours to supervise properly. Learn all you need to know about getting compensation right by properly classifying employees in this new PayScale whitepaper: Employee Classification

How to qualify for an outside sales employee exemption in NJ?

Code 12:56-7.1 To qualify for the outside sales employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2

Can a New Jersey employer use a fluctuating workweek?

The employee and employer agree the employee will receive a fixed salary each week to cover all hours worked, plus overtime at 1/2 times the regular rate. This practice is acceptable under the FLSA, provided certain conditions are met. New Jersey employers are allowed to use the fluctuating workweek method.

How to qualify for an executive employee exemption in NJ?

Code 12:56-7.1 To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2

What are the laws for salaried employees in New Jersey?

Regulations for salaried employees in New Jersey, including minimum salary, overtime payment and exemptions, emergency closings and wrongful termination. When categorizing salaried employees as exempt or nonexempt, employers in New Jersey adhere to federal law.

What’s the difference between exempt and non exempt employees?

The classification of exempt versus non-exempt employees is required by The Fair Labor Standards Act (FLSA), which outlines standards for minimum wage and overtime pay. Only non-exempt employees are protected by FLSA rules, while exempt employees have their pay determined by employers.

What are exempt employees in New Jersey?

Several types of employees are exempt from the New Jersey overtime pay regulations, including: Bona fide Executive, Administrative, Professional, and Outside Sales employees are exempt from the overtime requirements under New Jersey state labor laws.

What is the job description of an exempt employee?

Exempt Job Duties: Professional. Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. These typically are intellectual jobs requiring specialized education and involving the use of discretion and judgment.

Can an exempt employee be paid an hourly rate?

An employee must be paid an annual salary, i.e., exempt employees cannot be paid an hourly wage. The employee’s weekly income can be no less than $455 per week. Keep in mind though, just because an employee is paid an annual salary that doesn’t automatically make him or her exempt.

What are the rules for exempt employees?

Exempt employees are paid not for hours worked but rather for the work that they performed. For an employee to be considered exempt, they must use discretion and independent judgment, at least 50 percent of the time and must earn more than $455 per week.

Can a exempt employee be paid the same salary?

Exempt Employees and Rules Requiring Specified Hours. You probably are aware that exempt employees generally should be paid the same salary regardless of the number of hours they work or the quantity of work they produce.

Is there an exemption for overtime for salaried employees?

Just placing an employee on salary does NOT exempt the employer from the overtime pay laws unless the employee’s duties also meet an exemption’s requirements. * The Department of Labor under the Obama Administration increased this salary amount to $913 per week effective 12/1/2016; however, this increase was blocked by a court ruling.

Do you have to pay exempt employees free and clear?

An employer must pay an exempt employee the full predetermined salary amount “free and clear” for any week in which the employee performs any work without regard to the number of days or hours worked.

Who are exempt from the Fair Labor Standards Act?

The Fair Labor Standards Act, as well as all states, exempt certain employees from their overtime requirements. The three most common exemptions include administrative employees, executive employees, and professional employees.