Important Information
The FLSA requires that covered employees in the
United States be paid at least the federal
minimum wage for each hour they work and
overtime pay at one and one-half the employee's regular rate of
pay for all hours worked over 40 in a workweek. If you are unsure
about whether a particular employment situation is covered by the
FLSA, you should review the FLSA
Coverage and Employment Status Advisor. One particular
exemption, FLSA section 13(a)(1), exempts
from both minimum wage and overtime pay protections bona fide executive,
administrative, professional and outside sales employees.
FLSA sections 13(a)(1) and 13(a)(17) also exempt certain employees
in computer-related occupations. The FLSA contains several other
exemptions from the minimum wage and/or
overtime pay protections which are not covered in this Advisor.
For the FLSA section 13(a)(1) exemptions to apply, an employee
generally must be paid on a salary basis of no less than $455 per week and
perform certain types of work that:
- is directly related to the management of his or her employer's business,
or
- is directly related to the general business operations of his or her
employer or the employer's clients, or
- requires specialized academic training for entry into a professional
field, or
- is in the computer field, or
- is making sales away from his or her employer's place of business, or
- is in a recognized field of artistic or creative endeavor.
FLSA Section 13(a)(17) exempts hourly paid employees who perform certain types of work
in the computer field if they are paid at a rate of not less than $27.63 per hour.
Exemptions are determined based on each specific employment situation. Job
titles alone do not determine the exempt or non-exempt status of any employee.
Each determination is based on the specific job duties performed and
compensation received. Therefore, you should run the Advisor for each specific
employee or for each group of employees who perform essentially the same duties
and receive essentially the same compensation package.
A number of states have also enacted minimum wage and overtime pay laws, some
of which provide greater worker protections than those provided by FLSA. In
those situations where an employee is covered by both Federal and state wage
laws, the employee is entitled to the greater benefit or more generous rights
provided under the different parts of each law. Learn more about state laws.
Before continuing, you may want to review the glossary of terms.
You may also want to review the FLSA Coverage and Employment Status Advisor
and/or the FLSA Hours Worked Advisor.
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