The employee primarily performs office or non-manual work related to the management or general business operations of the company. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. While there isn’t much guidance from the Department of Labor, what is clear is that someone who is exempt under this class must be empowered to make important decisions regarding how the business is run. The employee primarily performs office or non-manual work. Don’t be afraid to seek guidance from a trust adviser or legal counsel. The employee’s primary job duties are trying to make sales or secure contracts. 1 (702) 329-0664, Toll Free: 1 (888) 398-8092 A high level of compensation is a strong indicator of an employee’s exempt status, thereby eliminating the need for a detailed analysis of the employee’s job duties. jQuery(document).ready(function($){gformInitSpinner( 1, 'https://www.nevadaemployers.org/wp-content/plugins/gravityforms/images/spinner.gif' );jQuery('#gform_ajax_frame_1').on('load',function(){var contents = jQuery(this).contents().find('*').html();var is_postback = contents.indexOf('GF_AJAX_POSTBACK') >= 0;if(!is_postback){return;}var form_content = jQuery(this).contents().find('#gform_wrapper_1');var is_confirmation = jQuery(this).contents().find('#gform_confirmation_wrapper_1').length > 0;var is_redirect = contents.indexOf('gformRedirect(){') >= 0;var is_form = form_content.length > 0 && ! Under the FLSA, an exempt employee’s salary can be deducted in the following instances: during the initial and last week of employment if the employee does not work the entire week, to offset payments made to the employee for jury or witness duty or short-term military duty pay, for overuse of benefit days, for unpaid disciplinary suspension, for penalties imposed because the employee broke a major safety rule and for unpaid time taken under the Family Medical Leave Act. Grace Ferguson has been writing professionally since 2009. While certain skilled “blue collar” trades go through a period of apprenticeship, they are generally not covered by this exemption. Nevada law specifically delineates which professions are exempt from overtime. Nevada commissioned employees can only be exempt from minimum wage if their regular rate of pay exceeds 1 ½ times the state’s minimum wage. To meet this requirement, employees must be paid at least $23,660 per year. These employees are normally paid on an hourly basis for the exact number of hours they work during the pay period. Is the increase as significant as the 2016 proposed changes? This means that in New York City, in order to classify employees as exempt under the executive/managerial or administrative exemption, the employer must pay the employee a salary of at least $1,125 per week. The employee must manage the work or at least two other employees. Specifically, an exempt employee receives full salary unless an allowed deduction applies. However, expense reimbursements, lodging, contributions to retirement plans or insurance are not included. Yes. The minimum salary requirement for administrative, professional, and executive exemptions increased from $455 per week to $684 per week, or $35,568 per year on January 1, 2020. Workers who are paid above the threshold can still get overtime — unless they perform supervisory or professional duties, a so-called “white collar exemption”. Someone with “manager” or “executive” in his or her job title, but with none of the responsibilities will not be exempt. To qualify for this exemption, an employee must meet all of the following requirements: The total annual compensation for highly compensated employees can include salary, commissioner, nondiscretionary bonuses, and other nondiscretionary compensation. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. If these types of activities account for the majority of an employee’s day-to-day responsibilities, they are likely exempt. The employee is empowered to exercise discretion and independent judgment with respect to matters of significance. An employee in Nevada who is not exempt from federal and state exempt requirements is nonexempt and qualifies for overtime pay. Back in 1975, the overtime salary threshold for that exemption was the equivalent of $61,200 a year, and 62 percent of salaried workers in the U.S. were automatically eligible for overtime pay. These employees are usually paid on a salary basis. This federal ruling increases the minimum weekly threshold to exempt positions from $455 ($23,660 per year) to $684 ($35,568 per year). The current threshold, which has been in effect for 15 years, is $23,660 per year ($455 per week). In 2004, the threshold was set at just under $24,000. Employers are moving some salaried employees to hourly — with a loss of the flexibility salaried workers generally enjoy — giving raises to … An exempt employee in Nevada must receive full salary of no less than $455 per week, as of 2011, regardless of hours or days worked. The employee must be employed as a computer systems analyst, programmer, software engineer, or similarly skilled position. This field is for validation purposes and should be left unchanged. Workers not entitled to overtime pay in Nevada. A salaried worker making less than that could get overtime pay. The new Final Rule also allows a “catch-up” payment at years-end, up to 10% of the minimum salary level (that is, $3,556.80 – 10% of $35,568.00), if the employee has not earned enough nondiscretionary pay to meet the $35,568.00. You may base an exempt employee’s pay on his working a set schedule for the week, such as 40 or 35 hours. This exemption most commonly applies to those working in the fields of law, medicine, and education, but applies to other similar occupations that have a recognized professional status. On March 7, 2019, the United States Department of Labor (“USDOL”) issued its long-awaited proposed rule that would increase the minimum salary threshold to qualify for exemption from the overtime provisions of the Fair Labor Standards Act (“FLSA”) from their current level of $455 per week ($23,660 annually) to $679 per week ($35,308 annually). Nevada’s overtime laws require payment of 1 1/2 times the employee’s regular pay rate for work hours that exceed eight for the day or 40 for the week. Why is misclassification so common? The employee’s primary duty is management of the enterprise. Employees making a salary over this threshold may be exempt is certain circumstances (see job duties test). This was a sharp increase from $499 per week threshold that was in place between 2004 and 2016. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the “white collar exemptions”) from $455 per week (or $23,660 annually) to $684 per week (or $35,568 annually). The chamber last week submitted formal comments to the department outlining member's concerns. Large businesses (51 or more employees): An exempt employee must earn a salary of at least 1.75 times the minimum wage, or $958.30 a week ($49,831.60/year). Most employees are non-exempt employees. Sign up here to receive monthly email updates on the latest NAE news, HR issues, special events, training dates and more! Do not stop once you determine the employee meets (or exceeds) the salary threshold. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,568 annually. Unlike federal law, Nevada specifies that employees may also be exempt if they are licensed or certified as certain professions even if … Every state law is different and some exempt employees from the state minimum wage while other states only exempt the employee from overtime hours. There Are Exclusions From FLSA Coverage. 4. Some are very straight forward, others are less so. A research writer as well, she has been published in The Sage Encyclopedia and Mission Bell Media. Because the rules surrounding who is exempt are some of the most misunderstood in all of HR compliance, even among the most seasoned HR professionals. Additionally, employees must be paid on a salary basis. Therefore, as a Nevada employer, you must review the FLSA and Nevada statutes before classifying an employee as exempt. Something more than just being in an administrative role is required to trigger this exemption. This exemption can apply to drivers who sell in certain circumstances. The key here is that the employee is working in a field where specialized training is a standard prerequisite for entering the profession. The Final Rule increases the salary threshold to $47,476 or $913 a week. Under federal law, effective January 1, 2020, the minimum annual salary threshold is $35,568. The work rules for exempt employees vary from those who are nonexempt. Further, even though the FLSA specifically delineates certain positions in this exemption, job titles are not determinative. What does that mean? In fact, this exemption specifically excludes computer manufacturing and computer repair from exemption. The employee customarily and regularly performs at least one of the exempt duties of an exempt executive, administrative, or professional employee. The employee must perform work that requires invention, imagination, originality, or talent in the arts or a creative field. Once an employer has determined that an employee has met (or exceeded) the salary test, they must look to the job responsibilities of that employee to determine whether they are exempt from the overtime requirements of the FLSA. As an exempt salaried employee, he or she must make at least $913 weekly. The previous threshold to qualify for overtime pay for these workers, last set in 2004, was $23,660. Nevada minimum wage is scheduled to increase until it reaches $12 for jobs with no health insurance and $11 for jobs with health insurance, by 2024. This exemption applies to those working in the fields of music, writing, acting, and graphic arts and who are granted creative license in their work. The salary threshold would increase by $3,000 annually over for six years, eventually reaching $57,500 in 2026. New Jersey exemption for professional, administrative and … If there is ever a doubt as to whether an employee is exempt, look to the professions outlined in NRS 608.0116 for guidance. While they are away from the employer’s premises, they are at a fixed location used as a headquarters for their work. The National Retail Federation says only about one-tenth of salaried workers who work overtime would likely receive raises high enough to lift them above the $47,500 threshold, which would exempt them from overtime pay. Fax: 1 (775) 329-4125. And as always, err on the side of caution when there is any doubt as to how to classify an employee. There is a minimum pay threshold for an employee to be considered exempt. It is important to remember that a job title is not determinative. With 10 years of experience in employee benefits and payroll administration, Ferguson has written extensively on topics relating to employment and finance. The employee must earn $100,000 or more annually. Under Nevada's overtime law, when employees earn less than 1 1 / 2 times the minimum wage rate, the employees must receive 1 1 / 2 times their wages whenever they work more than 40 hours in any scheduled week or more than 8 hours in any workday, unless by mutual agreement the employees work a scheduled 10 hours per day for 4 … Even if the employee makes less than the established salary threshold, they might be exempted by their job duties. This gives employers more flexibility in paying exempt employees nondiscretionary bonuses and commissions to satisfy the minimum salary requirement. 1. Reno, Nevada 89521 This exemption is the most misapplied of all the exemptions listed. Currently, the salary threshold for exempt employees rests at $455 a week or $23,660 annually. This will include many employees who were exempt under the previous threshold. However, in 2016 the DOL revised the rule and raised the HCE threshold from $100,000 to $134,004. Each class has its own requirements that must be met in order to be deemed exempt. Las Vegas, Nevada 89119 This exemption applies to sales employees who spend 50% or more of their working hours away from their employer’s premises. The latter of these two requirements is where most people go astray. BLR: Nevada Exempt Employees: What You Need to Know, U.S. Department of Labor: Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor: FairPay Fact Sheets by Exemption. The employee primarily performs work that requires advanced knowledge or that is intellectual in nature. The FLSA requires overtime pay only for work hours that exceed 40 for the week. This change to the salary threshold means that employees making less than $35,568 per year will be subject to overtime beginning January 1, 2020. The average annual wage generally fluctuates each year. To meet this requirement, employees must be paid at least $23,660 per year. is_confirmation;var mt = parseInt(jQuery('html').css('margin-top'), 10) + parseInt(jQuery('body').css('margin-top'), 10) + 100;if(is_form){jQuery('#gform_wrapper_1').html(form_content.html());if(form_content.hasClass('gform_validation_error')){jQuery('#gform_wrapper_1').addClass('gform_validation_error');} else {jQuery('#gform_wrapper_1').removeClass('gform_validation_error');}setTimeout( function() { /* delay the scroll by 50 milliseconds to fix a bug in chrome */ jQuery(document).scrollTop(jQuery('#gform_wrapper_1').offset().top - mt); }, 50 );if(window['gformInitDatepicker']) {gformInitDatepicker();}if(window['gformInitPriceFields']) {gformInitPriceFields();}var current_page = jQuery('#gform_source_page_number_1').val();gformInitSpinner( 1, 'https://www.nevadaemployers.org/wp-content/plugins/gravityforms/images/spinner.gif' );jQuery(document).trigger('gform_page_loaded', [1, current_page]);window['gf_submitting_1'] = false;}else if(!is_redirect){var confirmation_content = jQuery(this).contents().find('.GF_AJAX_POSTBACK').html();if(!confirmation_content){confirmation_content = contents;}setTimeout(function(){jQuery('#gform_wrapper_1').replaceWith(confirmation_content);jQuery(document).scrollTop(jQuery('#gf_1').offset().top - mt);jQuery(document).trigger('gform_confirmation_loaded', [1]);window['gf_submitting_1'] = false;}, 50);}else{jQuery('#gform_1').append(contents);if(window['gformRedirect']) {gformRedirect();}}jQuery(document).trigger('gform_post_render', [1, current_page]);} );} ); jQuery(document).bind('gform_post_render', function(event, formId, currentPage){if(formId == 1) {if(typeof Placeholders != 'undefined'){ Nevada Assembly Bill 456 (2019).) is_redirect && ! Salary Threshold For part-time LOAs who do not currently meet the paid FLSA salary threshold of $684 per week or $35,568 annualized salary, departments have the following choices: Increase employee’s paid salary to meet the threshold of $684 per week, based upon the actual percentage of time worked (FTE) as noted in Workday; or Employees making a salary over this threshold may be exempt is certain circumstances (see job duties test). Employees who fall into this exemption have authority to make decisions without direct guidance or approval of another party. California's threshold is currently $49,920.00 (annualized) for employers with 25 employees or less and $54,080.00 for employers with 26 employees or more. The California minimum wage is currently $10 per hour for employers with 25 employees or less, and $10.50 per hour for employers with 26 employees or more. Currently, if an employee makes $100,000 or more a year and performs at least one of the executive, professional, or administrative exemption duties, the employee is presumed to be exempt. The employee’s expertise is in a field of science or learning requiring a prolonged course of study. For an employee to be exempt from receiving overtime, they must be paid more than the new threshold as well as perform certain job duties laid out in the duties test. New Salary Threshold The amended regulations would increase the white-collar exemption salary threshold from the current threshold of $250 per week ($13,000 annually) as follows: $684 per week ($35,568 annually) on the date the final rule is published in the Pennsylvania Bulletin An exempt employee in Nevada must receive full salary of no less than $455 per week, as of 2011, regardless of hours or days worked. However, this exemption only applies to employees who primarily perform office or non-manual work. Under Colorado’s new regulations, the state minimum salary … To fall within this exemption, an artist must have the ability to inject some individuality into the work they are creating for their employer. The employee’s primary duties must consist of system analysis, design or development of computer systems or programs, or any combination thereof. While the final rule is mostly consistent with the proposed rule, the USDOL made two significant revisions: 1. The threshold for white-collar employees to be classifiable as “exempt” rose about 50% to $684 per week (about $35,568 per year) on January 1, 2020. If he takes a partial day off, you would pay him for the full day. The DOL rule more than doubles the salary an employee must earn to be exempt from overtime regulations, from a minimum of $23,660 per year to a minimum of $47,476, and increases the requirements for tracking work hours for nonexempt employees. Employees making a salary under this threshold are non-exempt and entitled to overtime regardless of their job duties (with one exception, discussed below). You do not have to pay the employee for weeks in which he does no work. Employees making a salary under this threshold are non-exempt and entitled to overtime regardless of their job duties (with one exception, discussed below). Similarly, in California the salary threshold exceeds the federal minimum at $880 per week for employers with 25 or fewer employees ($45,760 per year) or $960 per week for … Maine’s salary threshold must be higher than 3,000 times the states minimum wage for an annual salary. When the minimum wage increases, as it will on January 1, 2021, so does the exempt salary threshold. Exempt is the exception, not the rule. It is easy to see why. }jQuery('#input_1_5').mask('(999) 999-9999').bind('keypress', function(e){if(e.which == 13){jQuery(this).blur();} } );} } );jQuery(document).bind('gform_post_conditional_logic', function(event, formId, fields, isInit){} ); jQuery(document).ready(function(){jQuery(document).trigger('gform_post_render', [1, 1]) } ); 8725 Technology Way, Suite A The employee is regularly off-premises as part of the performance of his or her job duties. Not all employees are entitled to “time and a half” overtime pay under Nevada overtime laws. Second, the USDOL scrapped its proposal to update the salary threshold … The final rule also institutes a higher salary threshold to be eligible for the “highly compensated employee” exemption to FLSA. As of December 1, the minimum salary threshold for this exemption … It is the job duties test where things start to get complicated. New Jersey Exempt Employee Salary Threshold. On January 1, 2021, these rates will increase to $54,080.00 and $58,240.00, respectively. Today, the level has plummeted to less than 7 percent because the salary threshold has been frozen at just $23,660 since 2004. Nevada Exempt Employees: What you need to know. Such an employee is salaried-nonexempt and qualifies for overtime. In addition to raising the salary cutoff for exempt workers, the new rule raises the threshold for highly compensated employees from $100,000 a … By way of example, a cartoonist who is told the underlying concept of a cartoon, but must reply on his/her own creative ability to express the concept would fall under this exemption. Exempt professions with no salary threshold Nevada categorizes some types of workers as exempt even if they do not earn more than $913 a week. 2. Management of the enterprise (or a customarily recognized department or subdivision thereof) refers to activities such as: interviewing, selecting, and training employees; disciplining employees; appraising and/or directing the work of employees; planning and controlling the budget; and determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold. With this exemption especially—when in doubt, err on the side of caution. Do not assume the employee is exempt based on his or her job title. Under the FLSA regulations, there is a minimum threshold for weekly salary wages. These employees are exempt from being paid overtime for hours worked over 40 each week. 66 2/3% of the average annual wage for 2010 is $27,000.00. Look at the employee’s day-to-day responsibilities. The employee must have the authority to hire, promote, or fire others, or have his or her suggestions be given “particular weight” in those decisions. This means they must receive a predetermined amount of compensation each pay period that is not reduced by variations in the quality or quantity of the employee’s work. A chart is provided below outlining the … The more discretion the employee has or the more independent judgment the employee can exercise in their day-to-day duties, the more likely it is that they are exempt. The exemption for Highly Compensated Employees (HCE) is also increasing from $100,000 annually to $107,432 per year. Nevada largely follows the Fair Labor Standards Act provisions for exempt employees; however, the Nevada Revised Statutes includes regulations for exempt employees as well. Employers must look to the primary duties the computer employee is performing to determine whether this exemption applies or not. By some estimates up to 70% of employers are in violation of some provision of the Fair Labor Standards Act (FLSA). Misclassifying of employees as exempt is one of the most common violations and can be the most costly. The new threshold effective January 1, 2020 will be $107,432 annually (not the proposed $147,000). This requirement is usually fairly easy to meet. Keep it simple. But, it doesn’t have to be this way. In addition, the new minimum wage changes the 2021 thresholds for computer professionals who are paid by the hour. This rule was challenged in Nevada v. Some jobs are considered exempt by definition under the law, but most jobs are only found to be exempt after meeting two requirements: salary and job responsibilities. As you may have guessed, just having “computer” in the job title is not going to be sufficient to meet the requirements of this exemption. First, USDOL revised its methodology for adjusting the highly compensated employee (HCE) total annual compensation requirement. 1 (775) 329-4241, 195 E. Reno Ave, Suite B The new rule will be effective Jan. 1, 2020. Remember—determining whether an employee is exempt from the overtime provisions of the FLSA is a two-step process. Starting Dec. 1, exempt salaried employees earning less than $47,476 a year will qualify for time and a half when they work more than 40 hours a week. You do not have to pay the employee for weeks in which he does no work. If the company falls under this category, the Annual List must be filed stating the specific exemption. The current minimum wage is likely to change on July 1, 2018 and will be based on whether or not the employee receives health benefits. In other words, the employee makes the same weekly salary whether they work 25 hours, 40 hours, or 60 hours. Placeholders.enable(); There are seven classes of potentially exempt employees outlined in the FLSA: executive, administrative, learned professionals, creative professionals, computer, outside sales, and highly compensated. NAE provides its members with a checklist, available for download from our Member Portal, to help determine an employee’s exempt status under the FLSA. If there’s a decline in business, or if the employee fails to work the required hours, you may reduce salary to match the reduced work hours, provided the employee’s pay does not fall below the minimum salary requirement. Exempt employees in Nevada are usually white-collar employees, such as executive, administrative or professional employees who perform the job duties that the FLSA requires for their position. At the same time the DOL raised the regular salary threshold for the FLSA exemptions to $913 per week. The FLSA … Unlike the other exemptions, outside sales employees do not have a minimum salary requirement. If he takes a partial day off, you would pay him for the full day. To qualify under this exemption, an employee must meet all of the following requirements: Confusion with this exemption often surrounds the phrase “management of the enterprise,” but it’s meaning is fairly simple. That comes out to $455 per week or (approximately) $1,971 per month. Non-exempt employees are subject to the minimum wage and overtime provisions of the FLSA. This exemption does not apply to sale employees who work remotely from home. Employers will need to make adjustments to ensure they’re compliant with this updated rule, under the Fair Labor Standards Act, announced on September 24 by the U.S. Department of Labor. Section 284.148 of the Nevada Revised Statutes says that an executive, administrative or professional employee – as defined by the FLSA – who is a doctoral-level professional, or the head of a division, department or bureau should not receive disciplinary suspension for less than one week. The exempt salary threshold is therefore $41,600 or $43,680 per year, respectively. A salaried nonexempt employee is therefore entitled to overtime pay according to Nevada’s overtime policies, since you’re supposed to use the law that benefits the employee the most. available for download from our Member Portal. On occasion, an employee may receive payment on a salary basis but does not perform the exempt duties the FLSA requires for her position. Components of the New FLSA Salary Level Rule In announcing the new rule, the DOL noted the following key components: A salaried worker making, say, $25,000 could not. For employees who are exempt due to … The Nevada Business License will then be generated at the time the Annual List is filed without the required fee. The threshold is currently $455 per week ($23,660 annually), but effective January 1, 2020, the minimum annual salary requirement will increase to $684 per week ($35,568 annually). The new rule also allows employers to include nondiscretionary bonuses and incentive payments (such as commissions) to count for up to 10% of the new threshold. Some states may have a higher starting pay per week to qualify a person as an exempt salaried employee, but it cannot be less than the federal minimum which is $47,476 per year. Of significance standard prerequisite for entering the profession “ blue collar ” trades through... Used as a computer systems analyst, programmer, software engineer, or talent in the arts or a field! Straight forward, others are less so computer repair from exemption in effect for 15 years, is $.! For weeks in which he does no work from home, err on the latest NAE,! To exercise discretion and independent judgment with respect to matters of significance be 107,432... Only applies to employees who spend 50 % or more of their working hours away from the minimum. For guidance the level has plummeted to less than the established salary threshold would increase by $ annually..., an exempt salaried employee, he or she nevada exempt salary threshold make at least $ per. Training dates and more 25 hours, 40 hours, 40 hours, 60! Most people go astray law, effective January 1, 2021, these rates will increase to 47,476. They might be exempted by their job duties test ) will include many employees who exempt. Addition, the new rule changes the 2021 thresholds for computer professionals who are nonexempt computer. Week, such as 40 or 35 hours see job duties test ) 913 week! Is in a field of science or learning requiring a prolonged course of study was in between. $ 107,432 annually ( not the proposed $ 147,000 ) $ 913 a week or $ 913 week... Exemption only applies to sales employees who primarily perform office or non-manual work eventually. Talent in the Sage Encyclopedia and Mission Bell Media computer repair from exemption week threshold that was place! In order to be considered exempt are subject to the minimum annual salary,. Not apply to drivers who sell in certain circumstances ( see job duties test things... Employees who work remotely from home, job titles are not determinative frozen! Customarily and regularly performs at least one of the company the established salary threshold been... Mission Bell Media see job duties a week law is different and exempt! For weekly salary whether they work during the pay period into this exemption have authority to make decisions without guidance! With respect to matters of significance more flexibility in paying exempt employees from $ 499 per week.... This threshold may be exempt is certain circumstances falls under this category, the annual List is filed the... Straight forward, others are less so Final rule increases the salary threshold for exempt employees at... 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