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Thread: FLSA Minimum Salary Level Requirement question Federal

  1. #1

    Default FLSA Minimum Salary Level Requirement question Federal

    I was wondering if someone can give me some guidance on this:

    When paying an employee as a Professional Exempt Employee on a Fee Basis, how do they have to be paid?

    I think i understand the language where it states FLSA Minimum Salary Requirement which converts to $455.00 per week (or such other amount as may be established by the US Department of Labor) if the employee worked 40 hours...

    My questions are:
    1. Does that mean if someone is paid as Professional exempt-fee basis, they must be paid at least a gross amount of $455.00?
    2. Does that mean that the employee needs to at least make $11.38 an hour, but you can pay them for three hours of work @ $55.00 an hour and pay them $165.00 for that week?
    3. Does it mean if they work only 3.00 hours, i have to at least pay them $455.00?
    4. Can the gross amount fluctuate per week depending on how many hours the person works, given that it averages over $11.38 an hour?
    5. None of the above? Explanation please.

    Thank you, John

  2. #2
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    https://www.law.cornell.edu/cfr/text/29/541.605

    " An employee will be considered to be paid on a “fee basis” within the meaning of these regulations if the employee is paid an agreed sum for a single job regardless of the time required for its completion."
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