• Employees qualify for overtime exemption under FLSA if their job duties and salary meet the criteria.

Section 13 of the FLSA provides an exemption from both minimum wage and overtime pay for individuals employed as bona fide executive, administrative, professional, outside sales, and certain computer employees. To qualify for exemption, employees generally must meet specific criteria regarding their job duties and be paid on a salary basis, at not less than the minimum federal level.

Job titles do not determine exemption status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department of Labor’s regulations.

Employers must be extremely careful when classifying employees and should ensure that exempt employees meet any applicable requirements of state law as well as the federal requirements that are summarized below.