If an employee fails even one of the three required tests for exemption, what is their legal status regarding overtime?
Answer
Legally considered non-exempt and entitled to overtime pay.
If even one of the three requirements—salary level, salary basis, or duties—is not met, the employee is legally considered non-exempt and is entitled to overtime pay.
Related Questions
Does receiving a fixed salary automatically exempt an employee from overtime pay rules?What primarily determines if a salaried worker must receive overtime pay?How many simultaneous tests must an employee satisfy to qualify as exempt from federal overtime requirements?If an employee fails even one of the three required tests for exemption, what is their legal status regarding overtime?Is meeting the minimum required salary level sufficient, by itself, to grant an employee FLSA exemption status?What does the salary basis test mandate regarding how a predetermined salary must be paid?Which situation allows an employer to generally make deductions from a salaried employee's pay without forfeiting their exempt status under the salary basis test?Besides performing office work related to business operations, what crucial element must an employee exercising the Administrative Exemption customarily perform?Regarding the duties test, if an employee performs tasks meeting an exempt classification requirement, what percentage of time generally needs to be spent on those tasks for exemption, assuming salary tests are met?If an employee is classified as non-exempt but paid a fixed salary, how is overtime compensation calculated for hours worked beyond 40 in a week?When state wage and hour laws conflict with the FLSA regarding exemption standards, which standard must employers apply?When reviewing roles for FLSA compliance, what aspect should management focus on, moving past job titles?