U.S. Department of Labor
FLSA Overtime Security Advisor
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When Congress enacted the Fair Labor Standards Act (FLSA), it created an exemption from the minimum wage and overtime pay requirements for "any employee employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman." Congress did not define these terms but instead granted authority to the Secretary of Labor to do so. Because your definitions of these terms may not match The U.S. Department of Labor's definitions, you may want to first review the fact sheet for a particular exemption to learn more about it or you may want to review the occupational index for help in determining which section to use. Please remember that to qualify for an exemption, an employee must meet specific duties tests and, in most cases, minimum compensation requirements.
Please be aware that the Advisor may not be able to address every employment situation. Rather, the Advisor is designed to help employees and employers understand the general application of these regulations. You may want to review Fact Sheet 17A: Exemption for Executive, Administrative, Professional, Computer and Outside Sales Employees Under the FLSA to help determine whether this Advisor applies to your employment situation. Please select one of the sections below:
Compensation Requirements
This section helps you in
understanding the compensation requirements for a particular employee to
be exempt from the minimum wage and overtime pay requirements of the FLSA.
- Review Fact Sheet
- Start Compensation Requirements section
Executive Employee section
This section helps you in determining whether
a department manager who supervises other employees meets the duties tests for exemption
from the minimum wage and overtime pay requirements of the FLSA.
- Review Fact Sheet
- Start Executive Employee section
Administrative Employee section
This section helps you in determining whether a particular employee who works in a management or general business function (e.g., Human Resources, Accounting) meets the duties tests for exemption from the minimum wage and overtime pay requirements of the FLSA.
- Review Fact Sheet
- Start Administrative Employee section
Professional Employee section
This section helps you in determining whether
a particular employee who performs work in a recognized professional field (e.g., law,
medicine, science, music, art, teaching) meets the duties tests for exemption from the minimum wage and
overtime pay requirements of the FLSA.
- Review the Fact Sheet
- Start Professional Employee section
Computer-Related Occupations section
This section helps you in determining
whether a particular employee who performs work in the computer field meets the duties tests
for exemption from the minimum wage and overtime pay requirements of the FLSA.
- Review the Fact Sheet
- Start Computer-Related Occupations section
Outside Sales Employee section
This section helps you in determining whether
a particular employee who is an outside sales person meets the tests for exemption from the minimum wage
and overtime pay requirements of the FLSA.
- Review the Fact Sheet
- Start Outside Sales Employee section
Occupational Index
This section helps you in determining which section of the Advisor to use.
- Browse the Occupational Index
