What Employees are Exempt from FLSA?

Dec 27, 2021
By Peter Friedmann

FLSA exemptions are very confusing, and you may be wondering if you are exempt from the FLSA (not entitled to overtime) or if you are not exempt from the protections of the FLSA, entitling you to overtime pay.  To help break down who qualifies as an exempt employee, we have compiled an explanation that should be helpful.

What Does “FLSA Exempt” Mean?

The Fair Labor Standards Act (FLSA) is a federal law that determines whether certain jobs are exempt or nonexempt from overtime requirements. This law covers things such as overtime pay, record keeping, and minimum wage.

So, what does FLSA exemption mean? FLSA exempt means that an employee is not paid any kind of overtime wages for hours that are worked over 40 hours in the workweek because they are exempt (not covered) by the protections of the FLSA.

Who is A FLSA Exempt Employee?

Now that we know what FLSA exempt means, we can look at what it means to be an FLSA exempt employee.

An FLSA exempt employee is going to be someone that is paid on a salary basis, as laid out by the FLSA, and has certain exempt job duties. An FLSA exempt employee is not afforded the protections that the FLSA provides to nonexempt employees, such as being paid overtime for all hours worked over 40 hours per week.  There are several exemptions to the FLSA and whether someone is exempt from the FLSA depends on that person’s job duties, NOT their job title.

Who Qualifies As An Exempt Employee

To figure out who is an exempt employee, there are going to be a few tests that determine if a role is exempt. These tests include:

  1. Salary basis test: if an employee is paid on a salary basis, they receive a predetermined amount of pay no matter the number of hours they work in a week. As of November of 2021, a person must be paid at least $684 per week to qualify for the salary basis test.  The predetermined amount cannot be reduced based on the quality or quantity of the employee’s work.
  2. Exempt job duties: Whether someone is exempt from the FLSA depends on that person’s job duties. There are five major exemptions to the FLSA that employees should be aware of: the executive exemption, computer employee exemption, professional exemption, outside sales exemption, and administrative exemption.

Keep in mind that an employer may misclassify roles. If you think your role has been misclassified as exempt, reach out to one of our FLSA exemption lawyers today.  Misclassification claims are very common and it might be difficult to know whether you are exempt or non-exempt from the FLSA.

What Employees are Exempt from FLSA?

When it comes to what employees are exempt from the FLSA, they can typically be broken down into five categories.

These categories include:

  • Executive exemptions
  • Administrative exemptions
  • Professional exemptions
  • Outside sales exemptions
  • Computer employee exemptions

Each of the above roles has specific conditions that they must meet to be considered exempt. You can read more about the specific conditions here, as laid out by the FLSA.

Specific Questions Related to Other Examples of Who Might Qualify as an Exempt Employee

Sometimes you may find yourself in a job where the answer to whether you are exempt is not very clear. These may present as very specific questions like:

  • Are church employees exempt from FLSA?
  • Are agricultural workers exempt under the FLSA?

To determine if a role qualifies as an exempt employee, speaking with an FLSA exempt lawyer can be especially helpful.

Further Questions? Speak to an Experienced FLSA Exemption Lawyer

If you have further questions related to what employees are exempt from FLSA or if you are wondering if you qualify as an exempt employee from FLSA, reach out to an experienced employment lawyer today at The Friedmann Firm. Our team is 100% committed to assisting you with your employment law issues.

Reach out today at 614-610-9755 or through our online form for a free, confidential consultation.