U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

An employee or a geographic area may be exempt or nonexempt.

An FLSA exempt employee is one who is not covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA or Act).

An FLSA nonexempt employee is one who is covered by the minimum wage and overtime provisions of the Act.

An exempt area (that is, an area that is not covered by the minimum wage and overtime provisions of the Act) is any foreign country, or any territory under the jurisdiction of the United States other than the following locations:

• A State of the United States;

• The District of Columbia;

• American Samoa;

• Guam;

• Johnston Island;

• Midway Atoll;

• Outer Continental Shelf Lands as defined in the
  Outer Continental Shelf Lands Act (67 Stat. 462);

• Palmyra;

• Puerto Rico;

• U.S. Virgin Islands; or

• Wake Island.

A nonexempt area (that is, an area that is covered by the minimum wage and overtime provisions of the Act) is any of the following locations:

• A State of the United States;

• The District of Columbia;

• American Samoa;

• Guam;

• Johnston Island;

• Midway Atoll;

• Outer Continental Shelf Lands as defined in the
  Outer Continental Shelf Lands Act (67 Stat. 462);

• Palmyra;

• Puerto Rico;

• U.S. Virgin Islands; or

• Wake Island.

You may not file an FLSA claim electronically

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