What is considered an exempt employee?
An exempt employee is an individual who is not covered by the wage and hour law in Massachusetts. This type of employee is exempt from the Massachusetts state minimum wage requirement and overtime rules. Exempt employees are commonly salaried and hold a managerial role in the company. They must earn at least $684 per week and are expected to be responsible for overseeing the work of others. This can involve assigning tasks, setting goals, and giving instructions to those in subordinate positions. In order to be considered an exempt employee in Massachusetts, an individual must meet the criteria set by the Fair Labor Standards Act (FLSA). This includes having executive, administrative, or professional job duties, as well as having the authority to manage the enterprise or a customarily recognized department or subdivision of the enterprise. In addition, an exempt employee must have full discretion in the performance of their duties and should not be subject to the direct supervision or control of any other employee or employer. Exempt employees receive the same salary from week to week, regardless of the number of hours worked or days worked. This is in contrast to nonexempt employees, who may receive different wages for different hours worked. Exempt employees also cannot receive overtime pay for any hours worked over a 40-hour workweek.
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