Exempt vs Non Exempt

At Malonis Law Office, we focus on several areas of employment law, helping individuals who feel they have been treated unfairly by their employer. Our attorneys have years of experience dealing with employment issues, including the exempt and non-exempt factor. State law in Massachusetts requires that every employer pay their employees overtime if they work more than 40 hours a week. The overtime payment must be 1 and ½ times the regular pay rate. However, there are exemptions to this rule. If you have been unfairly classified and considered exempt, when you should have been paid, we can help.

Exemptions to the Overtime Rule

Individuals who are employed with a company and considered a bona fide administrative, executive, professional or working in an outside sales capacity, passing the salary test, are considered exempt from the overtime payment laws. Employees must pass three tests in order to be considered exempt. This includes the Salary Level, Salary Basis and Duties.

When considering white-collar employees, certain types of work must be completed by the individual as well as the fact that the person is bine paid a salary and receive a minimum salary amount to be exempt from overtime pay. A salaried employee must be an individual that is paid a set amount during each pay period. This amount cannot be reduced due to the quality or the quantity of work provided.

There are limited exceptions, such as that the individual must receive their full salary for any week where they perform work, without any regard to the days worked or hours on the job. However, an employee does not have to be paid when there is a work week when no work is completed.

When it comes to professional or administrative employees, they are paid on a fee basis, instead of salary and they still can be exempt if the fee payment is conducive to a minimum salary amount.

Once the salary level and basis have been configured, an employer will need to refer to the duties completed by the individual to see if they classify as exempt. In many employment law cases, our Massachusetts attorneys find that employers will classify an individual as being exempt when they are not to avoid paying overtime wages. If this has happened to you in the past, our attorneys can help.

Employers must classify employees correct or face stiff penalties, based on state and federal laws. When an employer exempts an individual unfairly and they are due overtime pay, this is a violation that must be handled with legal means. At Malonis Law Office, we can help by reviewing your case and working on a compensation claim.

Don’t go without your overtime pay because you do not understand your legal rights as an employee. Let our team of highly trained professionals review your individual case and come up with a plan of action to ensure that you receive the compensation that is rightfully yours. Give our team a call today to schedule an appointment so we can get started in handling your claim.