To qualify for an exemption, employees will have to be paid at least $684 per week on a salary basis. Exempt employees are considered “salaried” and do not earn any overtime pay for working over 40 hours in a workweek.
Note that these salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine! Exempt computer employees are expected to be paid at least $684 on a salary basis or an hourly basis at a rate not less than $27.63 an hour.
In the State of Florida, being paid on a “salary basis” means that an employee regularly receives an agreed amount of compensation each pay period on a weekly or less frequent basis. Florida works with the federal Fair Labor Standards Act (FLSA) to determine if an employee will have to receive minimum wage and overtime pay.
They must also perform certain types of job duties to qualify as exempt. Note that the predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work.
Subject to certain exceptions, an exempt employee will still have to receive the full salary for any week in which the employee performs any work, irrespective of the number of days or hours worked. Exempt employees are also not expected to be paid for any workweek in which they perform no work.
Note that if the employee is available, willing, and able to work, deductions may not be made for time when work is not available. Employers may leverage non-discretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis, as long as they still meet up to 10 percent of the standard salary level.
However, if after the 52 weeks, the employer has not met its financial obligation, the employer can make a final “catch-up” payment within one pay period after the end of the 52 weeks to bring an employee’s compensation up to the required level. Note that any such catch-up payment will count only toward the prior year’s salary amount and not toward the salary amount in the year in which it is paid.
Employees That are Exempted Employees in Florida
In the State of Florida, some employees are exempt from the wage and overtime provisions of the law and some are nonexempt. If you fall in any of the job classifications below, note that you are an exempt employee from minimum wage and overtime compensation rules:
Table of Contents
Executive employees in the state of Florida are exempted from both the minimum wage and overtime requirements. These are employees who direct the work of departments and sub-departments with at least two full-time employees who answer directly to them.
If your duty involves supervision, hiring, and firing, or if your job description has management as its primary duty, you are an executive employee. If for instance, you are a supervisor, your primary duty and responsibility as an employee become supervision, you are considered an exempt employee in Florida.
Administrative employees include employees whose primary roles include administrative duties in their places of work. Executive administrators are exempt from minimum wage and overtime compensation in Florida in the Fair Labor Standards Act and its regulation.
To be eligible for an administrative position exemption, the employee will need to be earning at least $684 a week, and their job responsibilities will have to include non-manual work that is expected to be directly related to the operation of the business. Examples of administrative work that meets exemption requirements include such positions as:
- Labor relations
- Quality control
- Personal management
- Human resources
Have it in mind that employees who are carrying out professional function roles in a company in the State of Florida are exempted from overtime pay requirements as long as they meet a wide range of requirements that include that they make more than $684 a week.
The employee’s duties will have to require advanced knowledge and skill sets that demand the consistent use of discretion and judgment based on that knowledge. The knowledge is expected to have been acquired via a prolonged course of professionalized instruction.
Employees in the computer industry are also exempted from minimum wage requirements in Florida. Have in mind that these professionals include software developers, computer programmers, and other employees whose jobs are centered on ICT and computers. To be eligible for the computer employee exemption, there are certain hurdles the employees will have to surpass, especially most of those noted above.
For instance, if salaried they must make more than $684 a week, or more than $27.63 an hour. Also note that these professionals will have to be in a decision-making position and involved in the design, documentation, testing, creation, or modification of computer hardware or software.
Other employee occupations listed under FLSA exempt employees from overtime, minimum wage, or both. For example, the following workers are exempt from overtime:
- Retail or service commissioned employees;
- Auto, truck, trailer, farm equipment, boat or aircraft salespersons or parts sales clerks;
- Carrier, vessel, or delivery employees are paid on approved trip rate plans;
- Certain broadcasting station announcers, news editors, and chief engineers;
- Domestic service workers residing in their employers’ residences;
- Employees of movie theatres; and
- Farm workers
- Those employed in fishing operations
- Seamen working on American vessels
- Those working on international vessels
As stipulated by the Fair Labor Standard Act, employees in Florida have the right to receive minimum wage and overtime remuneration. However, note that this act accords an exception to certain employees. Have it in mind that an exempt employee is paid a salary and doesn’t keep track of their hours.
A non-exempt employee gets paid on an hourly basis and can claim overtime for any extra hours they put in. Owing to that, employers in the State are advised to seek the assistance of a well-experienced legal counsel to ensure they carefully review the FLSA exemptions before classifying employees as exempt or non-exempt to avoid the risk of liability for employees misclassification.