What is considered an exempt employee?
An exempt employee is a worker who is not eligible for overtime pay, meaning they are exempt from the federal and state laws that guarantee overtime pay. In Virginia, an exempt employee is someone who performs executive, administrative, professional, or computer work. These types of work are defined by the Virginia Department of Labor and Industry. Executive work includes managing a business, ensuring the success of an organization, conducting interviews, and working in upper-level management. Administrative work includes conducting research, lobbying, performing legal analysis, and providing administrative support. Professional work includes occupations like teaching, accounting, engineering, and journalism. Computer work includes software programming, digital design, web development, and other computer-related occupations. In addition to these definitions, an employee must meet certain requirements to be considered exempt. These requirements include working in certain jobs, performing certain types of duties, and earning a certain amount of money. For example, the employee must be paid at least $455 a week (or $23,660 a year), be paid on a salary basis, and have specific job duties in order to be considered exempt. In summary, an exempt employee is someone who meets the definitions of executive, administrative, professional, or computer work, as well as the Virginia Department of Labor and Industry requirements. This includes being paid a certain salary, working in certain jobs, and having specific duties.
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