What is an exempt employee?

Exempt employees, according to the Fair Labor Standards Act (FLSA), are paid a salary, do not qualify for overtime, and are expected to finish their work tasks regardless of whether it takes them more or less than 40hrs.

Some of the most common types of exempt employees:

  • Executives
  • Outside sales
  • Professional employees
  • Computer employees
  • Administrative employees

Of course, just because a position is considered one of the above types, does not automatically mean that it meets the requirements to be exempt. This would allow employers to just create job positions that matched commonly exempt positions. Instead, whether or not your position is exempt is determined by your job duties.

Each type of employee has specific criteria for achieving exempt status on the Department of Labor website.

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