Salary Exempt

UPDATED: Nov 28, 2017

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Salary Exempt

I am a billing account manager in which I bill for several medical clinicians. I also work the accounts for outstanding insurance payments and invoice these clincians for Cotler’s percentage. I am paid $47,500 and the company considers me salary exempt. Is that correct? Does my job duties make me exempt?

Asked on November 28, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To be exempt, you need two things:
1) To be paid by salary (not hourly) at least $23,600 per year--which you are.
2) Your job duties and authority must meet at least one of the tests for exemption, which you can find on the U.S. DOL website under "overtime." Go to the website and compare the different exemptions: if you fall under at least one of them (they overlap, so many people fall under two or more), you are exempt. If you are a billing account manager, the most likely relevant exemptions are the "executive" (which applies to non-executive managers, to) and "administrative employee" exemptions.
If you do not meet at least one exemption, then even though you are paid by salary, you are still owed additional pay (an overtime premium) when you work more than 40 hours per week. If nonexempt but not receiving overtime, contact that state or federal dept. of labor to file a complaint.

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