<u>Solution and explanation:</u>
<u>The Fair Labor Standards Act defines three tests that an employee must be eligible to be considered under the 'Exempt' category.
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These include the following :
<u>1.Salary Level Test :</u> Employee must be paid minimum of $23,600 per year ($455 per week) to be considered Exempt.
<u>2.Salary Basis Test :</u> The representative must be paid on a Salary Basis, a fixed ensured least installment must be made for any workweek for the playing out any work. This would be dependent upon admissible and impermissible derivations that decide the premise of installment. Special cases to this standard are School educators, Lawyers, Doctors, and some others.
<u>3.Duties Test</u> : The actual jobs performed by the employee must be within the qualified exempt category of high level work. These are broadly classified as Executive, Professional; and Administrative job duties.
Thus, following out of the above will be considered for the purpose of classification to Exempt employees category:
<u>- Reimbursement of board, lodging, facilities availed
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Whether these form part of the compensation structure and the gross payments fall within the ambit of Levels test.
<u>- Compensation such as discretionary bonus
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These to be considered as part of Salary and to check whether the payments fall within the above stated levels and also the Basis of these payments whether on continuing salary or otherwise.
<u>-Duties
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The actual duties performed to be checked whether these fall within the exempt category.
Thus, the above stated three tests must be cumulatively passed in order to be eligible to classified as 'Exempt' Employee.
