When is a company employee considered exempt?

An exempt employee in West Virginia is any employee who does not qualify for overtime pay or other benefits associated with non-exempt positions. Typically, exempt employees fall under what is known as the executive, administrative, or professional exemption. The executive exemption applies to any employee who has primary responsibilities of managing a department or business with two or more employees, who has the authority to hire and fire, and who is responsible for the overall direction and progress of the business. The administrative exemption applies to employees whose primary duties involve non-manual work related to management and the company’s operations and which require exercise of independent judgment and discretion. The professional exemption applies to those employees who are engaged in work which requires advanced knowledge in a field of science or learning and that requires the exercise of discretion and judgment. This usually includes professional, technical, and creative work such as an architect, attorney, engineer, or computer programmer. In West Virginia, employers must pay salary or wages to any employee who meets the qualifications of an exempt employee. The employer must pay full time exempt employees a minimum of $455 per week. This means that exempt employees must be paid their full salary even if they work less than 40 hours in a given week. If the employee works over 40 hours, they will not receive additional pay.

Related FAQs

What are the disability/bereavement rights of an employee?
What are the requirements for providing family or medical leave?
Are employers prohibited from discriminating based on a person's sexual orientation?
Are employers allowed to reduce an employee's hours or duties without notice?
Are employers required to provide employee health benefits?
Are employers allowed to ask questions about previous salary history?
What are the common types of discrimination?
Are employees required to report workplace injuries or illnesses to their employer?
What is the Americans with Disabilities Act (ADA)?
What are the requirements for providing workers' compensation?

When is a company employee considered exempt?

Related FAQs

Related Blog Posts