- FLSA Overtime Security Advisor
The information in this Advisor does not yet reflect the Overtime Final Rule that became effective 12/1/2016. DOL's Wage and Hour Division is working on updating the content of this Advisor. Please check back periodically as we hope to have this Advisor updated shortly. If you have questions regarding this Advisor, please contact the Wage and Hour Division or find the office nearest you.
To be considered exempt from the FLSA's minimum wage and overtime pay requirements under the Regulations, Part 541, employees must meet certain criteria related to their primary job duties and, in most cases, be paid on a salary basis of not less than $455 per week. Exempt employees in certain computer-related occupations may be paid either on a salary basis of at least $455 per week or an hourly rate of not less than $27.63. As has been the case for decades, the compensation requirements do not apply to outside sales employees, teachers, lawyers or doctors. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).
This section of the Advisor is designed to help you in understanding these compensation requirements.
If this is your first time reviewing the compensation requirements for the Regulations, Part 541 exemptions, you should begin with Salary or Fee Basis. Please select from the following topics: