payroll

Exempt Employee

An employee not entitled to overtime pay under FLSA.

An exempt employee is not entitled to overtime pay under FLSA. To qualify, the employee must be paid on a salary basis at or above the minimum threshold ($43,888/year as of 2024), and their primary duties must meet the executive, administrative, professional, computer, or outside sales exemption tests. Simply paying a salary does not automatically make an employee exempt.

Example

A department manager earning $65,000/year on salary who supervises five employees and has hiring authority qualifies as exempt under the executive exemption—no overtime is owed.

Why It Matters for Your Business

Incorrectly classifying a non-exempt employee as exempt is one of the most expensive payroll mistakes, potentially resulting in years of back overtime plus penalties.

Practical Tips

  • Review the duties test for each exemption category, not just the salary threshold.
  • Re-evaluate classifications whenever an employee's duties change significantly.

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