Thread regarding AT&T layoffs

What is the legal criteria for exempt manager?

In the U.S., an exempt manager typically refers to a management employee who is exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). To qualify for the executive exemption, an employee must meet three main criteria:

  1. Salary Basis Test

• The employee must be paid a fixed salary that is not subject to reduction based on work quality or quantity.
• The salary must be at least $684 per week ($35,568 per year), though some states have higher thresholds.

  1. Duties Test

• The employee’s primary duty must be managing a business or a recognized department/subdivision.
• The employee must regularly direct the work of at least two or more full-time employees (or their equivalent).
• The employee must have the authority to hire or fire employees, or their input on such decisions must carry significant weight.

  1. Primary Duty Test

• Management must be the employee’s main job, meaning they spend more than 50% of their time on managerial tasks in some states (like California), or that management is their most important duty under federal law.

Additional Considerations:
• Highly Compensated Employees (HCEs) earning at least $107,432 per year may qualify for exemption if they perform at least one of the duties of an executive, administrative, or professional employee.
• State Laws May Differ – Some states (like California and New York) have higher salary thresholds and stricter rules for exempt employees.

Would you like details on how a specific state applies these rules?

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Post ID: @OP+1jn4hwep0

7 replies (most recent on top)

"And this is what I wonder about. If they are telling us to badge in and then to batch out, how are we still exempt employees?"

Badging in or out is irrelevant. It's based on your job duties and if they meet exemption test or not. Orgs are permitted to track hours of exempt employees.

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Post ID: @ap+1jn4hwep0

State can't deviate from federal standards. Also, att calls non union employees who don't have any direct reports managers. Those people probably fall under different classes, such as IT, under flsa since in their official duties they don't manage staff. It's easy enough to find out what kind of work you have to be doing to be exempt from overtime pay.

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Post ID: @an+1jn4hwep0

Legal criteria:
5x8 or terminate

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Post ID: @ag+1jn4hwep0

Low effort post.

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Post ID: @a9+1jn4hwep0

So technically, 'managers' without direct reports shouldn't be exempt.

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Post ID: @a5+1jn4hwep0

Their report shows I work 10 hrs a day. Wow, think of the overtime.

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Post ID: @a3+1jn4hwep0

And this is what I wonder about. If they are telling us to badge in and then to batch out, how are we still exempt employees?

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Post ID: @a1+1jn4hwep0

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