What You Need to Know About Georgia Minimum Salary for Exempt Employees
Georgia has different requirements for employees considered “exempt” compared to employees considered “not exempt.” Here’s what you need to know about Georgia’s minimum salary for exempt employees.
Georgia classifies employees who are not entitled to overtime pay or the minimum wage as “exempt.” Employees must meet certain criteria to be considered exempt.
Overtime and Minimum Wage Requirements in Georgia
Georgia follows the Fair Labor and Standards Act, a federal law requiring employers to follow minimum wage, overtime pay, recordkeeping, and child labor requirements.
The FLSA holds the federal minimum wage at $7.25. Georgia has not enacted a higher minimum wage.
The act also states employers must pay their employees at a rate equal to or greater than 1.5 times their regular rate of pay for overtime work. Georgia defines overtime work as any work over 40 hours per workweek. The act does not require overtime pay on weekends or holidays if the work remains under 40 hours per week.
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Some types of employees are exempt from the overtime pay and minimum wage requirements in the FLSA. To be exempt from overtime pay and minimum wage requirements, employees must meet certain criteria.
Employers must pay exempt employees a predetermined and fixed salary. The employer cannot reduce this salary due to variations in quality or quantity of work. This salary must also meet the minimum requirements, which the Department of Labor updated in 2020.
Finally, the employee’s job must consist primarily of executive, administrative, or professional duties.
Executive, Administrative, and Professional Employees in Georgia
Executive, administrative, and professional employees, as defined by the Department of Labor, are exempt from overtime pay and minimum wage requirements.
To qualify as an executive employee, the employee’s primary duty must be managing the company or a department or subdivision of the company.
They must also regularly direct the work of at least two other full-time employees. The employee must have the ability to hire or fire employees. If another person makes the decision, their recommendations for the change in status of employees must be given weight.
To qualify as an administrative employee, the employee’s primary duty must be office or non-manual work directly related to the management of business operations of the employee or customers. This duty must include the use of discretion and independent judgment in matters of significance.
Professional employees are broken down into two categories: learned professional employees and creative professional employees.
To qualify as a learned professional employee, the employee’s primary duty must be work requiring the continual exercise of discretion and judgment, and advanced knowledge. This advanced knowledge must be in a field of science or learning and come from an extended course of specialized training or instruction.
Related: Can an Employer Sue an Employee for Poor Performance?
To qualify as a creative professional employee, the employee’s primary duty must be work requiring invention, imagination, originality, or talent in an artistic or creative field.
Other Exempt Employees in Georgia
Other jobs are exempt from overtime pay and minimum wage requirements.
Teachers are exempt if their primary duty consists of teaching, tutoring, instructing, or lecturing others to impart knowledge.
Doctors and lawyers holding a valid license to practice are exempt if they practice in their field.
Minimum Salary for Exempt Employees in Georgia
For Georgia to consider an employee exempt from overtime pay and minimum wage requirements, employees must earn a minimum salary.
In 2020, this minimum salary increased to $684 per week or $35,568 per year. If an employee earns less than this amount, Georgia does not consider them exempt, even if they meet other requirements.
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