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Are You Exempt or Non-Exempt?

working in an office

working in an office

Employees governed by the Fair Labor Standards Act (FLSA) fall into two categories: exempt or non-exempt. Non-exempt employees are entitled to overtime pay, exempt employees are not. In determining whether or not an employee is exempt, there are a few questions you should ask: how much the employee is paid, how the employee is paid, and what the employee’s job duties are. Let’s break those down a little further.

How Much You Are Paid

Under the FLSA, any employee who makes less than $684 per week is a nonexempt employee. This means they are entitled to an overtime pay rate (1.5 times their normal hourly wage) for any hours over 40 worked in a week. Conversely, if the employee is paid $684 per week or more, he or she may be considered exempt.

How You Are Paid

Generally speaking, if you are paid on a salary basis, you are classified as an exempt employee under the FLSA. This means that you have a guaranteed amount you earn per week for “any” work done. So, whether you actually work 35 hours in one week or 45 hours in one week, your paycheck will remain constant. That is not to say that exempt employees cannot make more than their salary through bonuses or commissions, but exempt employees are paid a “guaranteed minimum” amount of money no matter their hours worked.

Under the FLSA, an employer may only dock the pay of a salaried employee in full day increments for disciplinary suspensions, personal leave, or for sickness under a sick leave plan. Also, not all salaried employees are automatically exempt and vice versa. For example, doctors and teachers may be paid hourly, but under the FLSA they are considered exempt.

What Kind of Work You Do

The job duties test is very important when determining if an employee can be classified as exempt or not. Under the FLSA, if your day-to-day duties fit into one or more of the categories below, you may be considered an exempt employee. The law breaks duties down into three categories: executive, professional, and administrative job duties.


The attorneys at Forester Haynie are well-versed in the classification of exempt and non-exempt employees. If you believe you may have been misclassified, contact Forester Haynie today for a free case evaluation.

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