Exempt vs non exempt
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Exempt vs non exempt
I’m currently on a salary and have been for at least 7 years. I don’t believe that I am exempt due to my role as supervisor as I report directly to a manager that makes all decisions regarding my shift. My employer has already been sued for overtime in the past and reading into the laws I think that I have been classified incorrectly and am entitled to overtime.
Asked on October 9, 2019 under Employment Labor Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You are exempt as a salaried manager if:
1) Your salary is at leat $455 per week.
2) Your primary duties are managerial.
3) You supervise at least two full-time employees or their equivalents (e.g. 4 half-timers, 1 full time and 2 half time, etc.).
4) You either have hiring and firing authority OR your recommendations as to hiring and firing are given weight (more weight than the recommendations of a non-managerial employee).
If all four criteria above are met, you are exempt. If not, you are not.
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