What is considered an exempt employee?
An exempt employee is an employee who is not subject to the minimum wage and overtime provisions of the North Carolina Wage and Hour Law. Exempt employees are usually those that work in a professional, exempt, or administrative capacity. Generally, the law only applies to those whose primary job duties involve manual labor or are otherwise considered non-exempt. Exempt employees are usually salaried workers who generally receive a set salary regardless of how many hours they work. They also typically hold positions of greater responsibility, such as executive, administrative, or professional positions. Exempt employees are usually expected to work more than 40 hours per week and may often be required to work more hours to complete certain tasks. Exempt employees may also be paid on commission or at a piece rate. They are usually independent contractors who are not under the control of the employer and are not subject to regular wage and hour laws. In addition, some exempt employees may be exempt from certain requirements of the North Carolina Wage and Hour Law, such as those relating to minimum wage, overtime, recordkeeping, and other labor standards. Because of the variety of jobs that may be designated as exempt, employers must be sure to carefully consider the responsibilities of the position and properly classify each position as exempt or non-exempt. Additionally, employers should ensure they are compliant with all applicable employee laws and regulations, including the North Carolina Wage and Hour Law.
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