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Am I an exempt or non-exempt employee?

ArizonaConstruction Accounting

I am a "safety engineer" with a GC. My primary job functions consist of assessing risk with our superintendents and recommending solutions to them. However, I do not have the authority to make policy or change our company policy; I am only permitted to interpret the policies as written. I do not meet the executive, computer, outside sales, or computer exemptions. Is my job considered exempt? My employer has never paid me overtime. What recourse do I have if I am not exempt?

2 replies

Jan 17, 2021
Arizona does not have a law with respect to overtime, so the federal Fair Labor Standards Act applies. Employees who work in a “bona fide executive, administrative, or professional capacity” are exempted from FLSA's overtime requirement. 29 U.S.C. § 213(a)(1).To qualify as an exempt executive, administrative or professional employee under section 13(a)(1) of the FLSA, an employee must be compensated on a salary basis at a rate of not less than $684 per week in order to be exempt. If your job meets that minimum requirement, and qualifies as "executive, administrative or professional" (it sounds like it may be administrative or professional), then you likely are an exempt employee with no right to overtime.
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Jun 28, 2022
Are Construction Superintendent exempt or non-exempt? Primary responsibilities - Take personal accountability for each job to always ensure high standard of quality control. Inspect the work of the crews and ensure each stage of the job is properly executed. Maintain a high-level credibility with the construction crews while ensuring that they are well qualified and carrying out their duties in a responsible and efficient manner.
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