Most exempt employees in Tampa are either highly compensated or highly skilled managerial workers that are able to negotiate their contract and make sure that they are compensated properly. The FLSA has put into place to protect the non-exempt employees. If you want to know more about wage and hour exemptions and exempt employees in Tampa, consult a qualified wage and hour attorney.
Differences Between Exempt and Non-Exempt Employees
Most non-exempt employees are hourly workers that are not managers, that do not have specialized degrees and that do not make over $130,000 a year. Wage and hour laws are meant to protect employees. A lot of these employees are taken advantage of by their employers because their employers do not think they are going to fight back.
That is why the FLSA is put in place. It is to help these employees fight back against the employers that are not treating them properly and, most of the time, the employees do not know how to navigate these waters which is why it is very important to hire an attorney that specializes in FLSA and wage and overtime work and make sure that these attorneys take the case from the beginning because they can set them up to be successful against their employer in these situations.
Managerial exemptions are actually called the executive exemption and in order to be under this exemption, the following tests must be met. Firstly, the employee must be compensated on a salary basis at a rate not less than $455 or up to $913 a week. Secondly, the employee’s primary duty must be managing the enterprise or managing a customarily-recognized department or some subdivision of the enterprise. Thirdly, the employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent. Lastly, the employee must have the authority to hire or fire other employees or the employees’ suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
The next exemption that exempt employees in Tampa may meet is called the administrative exemption. To qualify for the administrative exemption, the employee must be compensated on a salary or fee basis at a rate not less than $455 or up to $913 a week. Also, the employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers. Lastly, the employee’s primary duty includes the exercise of discretion and independent judgment with respect to the matters of significance.
A person might also qualify for professional exemptions. The requirements for a professional exemption include being compensated on a salary or fee basis at a rate not less than $455 or up to $913 a week. The employee’s primary duty must be the performance of work requiring advanced knowledge defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment. The advanced knowledge must be in the field of science or learning and the advanced knowledge must be customarily acquired by a prolonged course of specialized and intellectual instruction.
Outside Sales Exemption and Other Exemptions
Next is the outside sales exemption which has the test that the employee’s primary duties must be making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer. The employee must be customarily and regularly engaged away from the employer’s place or places of business. There are other exemptions including computer exemptions and things and these exemptions do not apply to police, firefighters, paramedics and other first responders.