Exempt Employee Classification

Exempt vs. non-exempt employees

Federal law requires that certain employees (non-exempt employees) be paid overtime wages and other benefits, while others are “exempt” from these requirements because of their specific job duties.

Unfortunately, employees are sometimes misclassified as exempt, which keeps them from receiving overtime pay and other benefits that they may be owed if correctly classified. Whether employers intentionally or mistakenly misclassify employees, those workers may be entitled to back-wages and other benefits under the law.

Exempt employees under Federal Employment Law

The federal Fair Labor Standards Act (FLSA) requires that non-exempt employees in the U.S. be paid at least the federal minimum wage and overtime pay for all hours worked over 40 hours a week. However, some employees are exempt from these requirements and are classified as “exempt employees.”

To qualify as exempt, employees generally must meet certain exemptions and tests regarding their job duties and be paid a salary of at least $455 per week. Job titles do not determine exempt status.

Exempt Employees under State Employment Law

Some states, including California, have their own laws and requirements for employees to be considered exempt. Learn more about California Exempt Employees.

Employee Exemptions

The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Certain computer employees are also considered exempt.

Learn more about these exemptions:

Are you misclassified as exempt?

Think your employer has misclassified you? Free and confidential consultations are available with our employment attorneys by calling (866) 981-4800 or by filling out the form to the right.

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