GENERAL LAWS AND INFORMATION

Exemptions Generally

Under the Act, an employee whose occupation is covered by the FLSA is referred to as either: “exempt” or “nonexempt.” Section 13 of the FLSA provides an exemption from both minimum wage and overtime pay for employees who are bona fide executive, administrative, professional and outside sales employees. Certain computer employees are also exempt under this section. For most employees, whether they are exempt or nonexempt depends on several factors, including: (1) how much they are paid, (2) how they are paid, and (3) what kind of work they do. The three most common exemptions are the Executive Exemption, Administrative Exemption, and Professional Exemption.

First, in order to qualify for exempt status, an employee must be paid on a salary basis (a defined term under the Act) at a rate not less than $913 per week or $47,476 annually (these amounts are effective December 1, 2016. Prior to December 1, 2016 the amount were $455 per week or $23,660 annually). Further, the type of work in which an employee actually engages is determinative, regardless of the employee’s job title.

If you are paid a “salary” but make less than $913 per week, you should contact us immediately as you may be entitled to compensation.

To see if an exemption applies to your job, you can take our Survey.