BLOG from #ABKLaw Employment Law Attorney Lawrence Spasojevich, Esq.: Exemptions

The Fair Labor Standards Act (FLSA) of 1938 established federal workplace standards for worker’s rights on issues such as minimum wage, overtime pay, and child labor laws.


The Fair Labor Standards Act (FLSA) of  1938  established federal workplace standards for worker’s rights on  issues such as  minimum wage, overtime pay, and child labor laws.

Some employees are exempt from the rules indicated in the Fair Labor Standards Act (FLSA). If you are considered an exempt employee, this means minimum wage and overtime protections may not apply. To be an exempt employee, a person must meet certain criteria, which include  issues such as essential  job function, skill and education requirements,  and salary threshold. The Department of Labor has established a test to determine if employees in the following fields are exempt:

  • Executive 
  • Administrative 
  • Professional 
  • Outside sales 
  • Computer 

Note: a job title does not affect your status. You may have the title of ”Manager” and not perform the specific duties or meet the salary threshold in the test that determines eligibility. Although it varies by state, as of January 2020, an employee working in the fields listed above, whose salary exceeds $35,568 annually, is likely exempt (though an employee in this category may be eligible for year end bonuses that would cover over-time pay instead.)  You should always contact your Employer to determine if your role in the company meets the requirements to be exempted from the FLSA. If you feel that you should not be considered an exempt employee,  but your employer is not following the standards upheld by the FLSA, you should speak with an employment lawyer. 

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