The Fair Labor Standards Act (FLSA) ensures that eligible workers receive overtime pay at one and one-half times their regular pay rate for hours worked beyond 40 in a workweek. However, certain positions meet exemption criteria and do not qualify for overtime protection.
Understanding who is exempt from overtime pay is critical for compliance and cost management.
This guide clarifies key exemption criteria under the FLSA, focusing on both the salary basis test and the duties test. It also highlights how state and local variations may impose stricter requirements. Armed with this knowledge, HR teams can reduce legal risk and streamline payroll processes.
Additionally, organisations can leverage MiHCM’s automated HR software to monitor classification status in real time, track salary thresholds, document duties, and receive compliance alerts. This integration simplifies ongoing audits and ensures alignment with evolving federal and state regulations.
Use this resource to review existing job classifications and implement best practices for exemption assessment.
TL;DR: Exemptions at a glance
Quick overview of exempt vs non-exempt classifications, key tests, categories, state law implications, and automated compliance.
- Non-exempt employees are eligible for FLSA overtime pay at one and one-half times their regular rate when they exceed 40 hours in a workweek, ensuring fair compensation for extra hours.
- Exempt employees meet both the salary basis threshold and specific duties tests, rendering them ineligible for additional overtime pay under FLSA overtime calculation rules.
- Salary basis and duties performed tests assess if a position qualifies as exempt rather than relying on job title alone.
- Main exemption categories include executive, administrative, professional, computer, and outside sales roles, each with defined criteria and salary requirements.
- State laws may impose higher minimum salaries or narrower duties definitions, so employers must consider both federal and local regulations.
- MiHCM automation provides real-time tracking, alerts, and audit-ready reports to simplify overtime classification and compliance management.
This TL;DR helps HR managers, payroll specialists, and business owners quickly identify who is exempt from overtime pay and leverage technology for accuracy and efficiency in FLSA overtime calculation.
Understanding Exempt vs. Non-exempt Classifications
Under the FLSA, non-exempt employees qualify for overtime pay at one and one-half times their regular rate for all hours worked over 40 in a workweek. In contrast, exempt employees do not receive overtime compensation due to meeting both the salary basis test and the duties test.
Relying solely on job titles often leads to misclassification; accurate analysis of actual job functions is essential for compliance, fairness, and budget management in modern payroll operations.
Why classification matters
- FLSA compliance: Proper classification ensures adherence to federal and state overtime laws, reducing risk of penalties and back pay.
- Cost control: Identifying exempt roles accurately prevents unexpected overtime expenses for non-exempt employees performing similar duties.
- Employee relations: Fair treatment based on transparent rules boosts morale and reduces turnover among staff.
- Legal protection: Defensible classification practices minimise exposure to wage-and-hour lawsuits and audit findings.
- Payroll accuracy: Clear distinctions support consistent FLSA overtime calculation and reliable budgeting across departments.
The salary basis test requires that exempt employees earn a fixed salary—currently at least $684 per week—without deductions for variations in workload.
Meanwhile, the duties test evaluates whether primary responsibilities align with exemption categories such as executive, administrative, or professional roles.
Both assessments must be documented thoroughly to withstand regulatory scrutiny, especially when local jurisdictions enforce stricter interpretation of federal rules.
A common misconception is that titles such as director or manager automatically confer exempt status. In reality, the substance of the work performed and compensation structure drive classification decisions.
HR teams must review job descriptions, performance metrics, and actual work logs to confirm that roles satisfy FLSA exemption criteria rather than assume based on hierarchy or industry norms.
Leveraging HR software like MiHCM automates the classification process by continuously tracking salary thresholds, consolidating job duties documentation, and generating compliance alerts. This systematic approach ensures that organisations apply FLSA overtime calculation rules consistently and adjust classifications promptly as positions evolve or regulations change.
Ultimately, understanding the distinction between exempt and non-exempt classifications empowers HR managers to implement precise overtime policies, optimise labour costs, and uphold employee trust while meeting Overtime laws for salaried employees requirements.
Common exemption categories under the FLSA
The FLSA defines five primary exemption categories, each with specific salary and duties requirements. Employers must review the criteria for executive, administrative, professional, computer, and outside sales exemptions to determine which roles qualify as exempt from overtime pay.
The following table outlines the key characteristics of each category for reference in classification and FLSA overtime calculation.
| Category | Primary Duty | Salary Threshold | Key Criteria |
|---|---|---|---|
| Executive | Managing business unit and supervising ≥2 employees | $684/week | Authority to hire/fire and direct significant operations |
| Administrative | Office/non-manual work on significant matters | $684/week | Exercise of independent discretion and judgment |
| Professional | Learned professions (degree-based) or creative work | $684/week | Advanced knowledge or original artistic creation |
| Computer Employee | Systems analysis, programming, software engineering | $684/week or $27.63/hour | Specialised technical skills and decision-making |
| Outside Sales | Sales activities off employer’s premises | No minimum salary | Consistent external sales or contract negotiation |
Each exemption category requires both salary level and duties tests to be met. For example, a professional exemption can apply to roles involving advanced research if the employee’s primary duty requires discretion and specialised expertise.
Clarifying these distinctions is crucial; employers can leverage overtime calculation tools to audit current roles against FLSA criteria efficiently.
When evaluating roles, HR teams should document job descriptions thoroughly, monitor salary adjustments, and revisit classifications whenever responsibilities shift. Combining precise role analysis with automated checks helps ensure compliance with FLSA and Overtime laws for salaried employees while mitigating misclassification risk.
Executive exemption applies when an employee regularly leads a department or division, exercises significant managerial authority, and holds the power to influence hiring decisions. The administrative exemption covers employees whose primary tasks involve interpreting policy, performing high-level operational support, and making strategic recommendations.
The computer employee exemption accommodates specialised IT and engineering roles by allowing either a salary basis of $684 per week or an hourly rate of $27.63. Outside sales employees remain exempt regardless of salary, provided they spend the majority of their time conducting sales activities away from the office. For hybrid or evolving positions, it is essential to verify that the actual work performed aligns with FLSA requirements.
Regular review of exemption status is especially important for roles that blend administrative and professional duties. Using reliable classification frameworks reduces reliance on job titles and enhances accuracy in overtime determinations under FLSA overtime calculation guidelines.
The salary basis test: Thresholds and requirements
The salary basis test under the FLSA requires that exempt employees receive a predetermined amount of compensation each pay period, regardless of the number of hours worked.
To qualify, the employee must be paid at least $684 per week on a salary basis, which means that their earnings cannot fluctuate based on daily or weekly variations in workload. Employers must avoid improper deductions from pay that could jeopardise exemption status.
Exempt employees paid on a salary basis:
- Receive the full salary for any week in which they perform work, irrespective of hours.
- Cannot have their pay docked for partial-day absences for reasons other than specified permissible deductions.
- Must meet minimum salary level requirements, separate from the duties test.
Key considerations for the salary basis test
- Permitted deductions: Absences of one or more full days for personal reasons or sickness under a bona fide plan.
- Impermissible deductions: Partial-day absences, variations in workload, or disciplinary suspensions for infractions.
- Earning adjustments: Employers may offer nondiscretionary incentives, but these should not affect the guaranteed salary basis.
Failure to maintain an uninterrupted salary basis may convert an exempt employee to non-exempt status, triggering overtime pay obligations. Employers should implement clear payroll policies and use tools to track salary deductions automatically.
Integrating an HR solution like MiHCM ensures real-time monitoring of salary compliance, flags potential deductions, and generates alerts when weekly pay falls below the federal or state threshold.
The duties test: Evaluating primary job functions
The duties test under the FLSA evaluates whether an employee’s primary job functions align with exemption categories. To meet this test, more than 50% of an exempt employee’s time must be devoted to qualifying duties, whether executive, administrative, or professional.
This emphasis on substance over form ensures that only roles performing genuinely high-level tasks qualify for overtime pay exemptions.
Key elements of the duties test include:
- Executive Exemption: Directing the work of at least two full-time employees, managing operations, and making personnel decisions.
- Administrative Exemption: Performing office or non-manual work related to management policies, exercising independent judgment on significant matters.
- Professional Exemption: Applying advanced knowledge acquired through specialised education or creating original intellectual or artistic work.
Documenting duties for audit trails
Maintaining detailed records of job responsibilities is crucial for demonstrating compliance during audits. Employers should develop comprehensive job descriptions and update them periodically to reflect evolving roles. Best practices include:
- Capturing daily or weekly time logs that detail primary tasks and projects.
- Aligning performance reviews and goal-setting documents with specific exemption criteria.
- Archiving internal communications or summaries that illustrate decision-making authority.
Tools like MiHCM automate duties tracking, generate audit-ready reports, and trigger alerts when recorded duties approach non-exempt thresholds.
Examples of borderline cases emphasise the need for precise documentation. For instance, a mid-level supervisor who spends equal time on administrative tasks and direct production may fail the executive exemption unless managerial duties dominate.
Similarly, a specialist whose work integrates both technical support and creative problem solving should have role descriptions clearly specify which activities constitute advanced professional work.
By rigorously applying the duties test and documenting primary functions, employers ensure that exemption decisions stand up to regulatory review and support fair compensation practices across their workforce.
Specialised exemptions (computer professionals and outside sales)
The FLSA includes specialised exemptions for computer professionals and outside sales employees, reflecting the unique nature of their roles. Understanding the specific requirements for these categories helps employers classify hybrid or technical positions accurately without defaulting to standard exemption tests.
Computer Employee Exemption applies to employees performing high-level work in the design, development, analysis, or testing of software and hardware systems. Requirements include:
- Earning a minimum of $684 per week or $27.63 per hour.
- Primary duties involving system analysis, programming, or software engineering tasks.
- Use of discretion and independent judgment in solving complex computing problems.
Outside Sales Exemption is reserved for employees whose principal duty is making sales or obtaining orders outside the employer’s place of business. Key points include:
- No minimum salary threshold applies.
- Majority of work time spent soliciting sales or negotiating contracts offsite.
- Compensation may rely heavily on commissions or per-order earnings.
Overlap with other categories can occur in roles such as field service engineers or technical consultants who combine sales and technical responsibilities. In these situations, employers should evaluate which exemption aligns most closely with the employee’s primary function.
When duties split evenly, the employer must determine whether the position more closely resembles a computer professional or an outside sales role.
Accurate classification of specialised exemptions prevents misapplication of standard salary and duties tests. Integrating classification logic into an HR platform like MiHCM allows for automated rule-based mapping of roles to exemption categories, real-time monitoring of qualifying activities, and streamlined compliance across global teams.
State law variations and their impact on exemptions
State and local jurisdictions often impose additional requirements beyond federal FLSA standards. Employers with multi-state operations must adapt their classification practices to meet the most stringent salary thresholds and duties criteria in each location.
The table below highlights key variations in California and New York compared to federal rules.
| Jurisdiction | Salary Threshold | Duties Criteria | Notes |
|---|---|---|---|
| Federal | $684/week | Standard duties tests for each exemption | Baseline requirements for all states |
| California | $1,240.00/week (annual $64,480) | Narrower duties definitions for administrative and professional roles | Employers must meet state threshold |
| New York | $975.00–$1,125.00/week (varies by region) | Mirror federal duties tests but stricter interpretations in NYC | Levels change annually |
Additional local ordinances, such as Seattle’s $1,508/week threshold, may apply. Employers must track these evolving mandates to maintain compliance.
- Identifying the highest applicable salary and duties criteria across all locations.
- Centralising classification policies to enforce consistent standards.
- Monitoring regulatory updates through reliable sources or automated alerts.
Regular jurisdictional reviews help avoid costly misclassification penalties and ensure equitable treatment across diverse workforces.
Implementing a global HR solution like MiHCM facilitates compliance by automatically applying location-based rules, updating thresholds when state or local regulations change, and generating consolidated reports.
This approach reduces administrative burden and ensures that organisations classify employees accurately under both federal and local overtime laws for salaried employees.
Implications and risks of misclassification
Misclassifying exempt and non-exempt employees can have severe financial and operational consequences. Employers found in violation of FLSA overtime pay provisions face liability for back pay awards covering up to three years, civil monetary penalties, and attorney fees.
Regulatory agencies may also impose fines for each affected employee, compounding costs and generating negative publicity that can harm brand reputation.
Common misclassification risks include:
- Back pay obligations: Retroactive overtime payments for improperly classified workers.
- Government fines: Civil penalties up to $2,072 per violation per employee.
- Litigation expenses: Class-action or collective lawsuits increase legal and administrative costs.
- Morale damage: Employee distrust and low engagement resulting from perceived unfairness.
- Audit failures: Unpreparedness can trigger extensive reviews and corrective mandates.
Poor classification practices disrupt workforce productivity and increase turnover rates. When employees realise they were entitled to overtime pay, organisations may face unexpected turnover, training expenses for new hires, and a decline in overall morale. These intangible costs can outweigh initial payroll savings and damage long-term employer–employee relationships.
Proactive audit readiness mitigates these risks. Employers should maintain up-to-date job descriptions, document classification rationales, and perform internal reviews annually.
Leveraging automated reports from an HR solution like MiHCM enables real-time insights into exemption status, highlights classification anomalies, and supports evidence-based decision-making during external audits or litigation.
Automating exemption compliance with HR software
Automating exemption compliance streamlines the complex process of classifying employees under FLSA criteria and state-specific rules. MiHCM HR software centralises employee data, continuously monitors salary thresholds, and aligns recorded duties with exemption requirements.
By integrating attendance and time management, the platform delivers comprehensive oversight of work hours and compensation, enabling accurate FLSA overtime calculation without manual intervention.
Key features of MiHCM include:
- Attendance and Time Management: Real-time capture of hours worked, overtime alerts, and customisable reporting.
- Compliance with Local Labour Laws: Automated updates of federal, state, and city salary thresholds and duty tests.
- Unlock workforce productivity: Streamlined processes reduce administrative overhead and support strategic planning.
Implementing MiHCM delivers tangible benefits:
- Eliminate manual classification errors through automated rule-based evaluation.
- Stay updated on regulation changes automatically with instant alerts.
- Simplify audit preparation by generating audit-ready documentation and compliance reports on demand.
With an intuitive dashboard, HR managers and payroll specialists gain real-time visibility into exemption statuses, ensuring that adjustments to roles or jurisdictional changes are reflected immediately.
This proactive approach reduces legal exposure, maintains employee trust, and optimises labour costs by accurately distinguishing who is exempt from overtime pay.
Conclusion
Identifying who is exempt from overtime pay requires careful application of both the salary basis and duties tests, as defined by federal FLSA regulations and augmented by state-specific thresholds. Accurate classification prevents costly legal penalties and supports fair compensation practices.
Combining detailed role documentation with an automated HR solution like MiHCM enhances compliance by tracking salary levels, recording primary duties, and updating rules when regulations change. This integration empowers HR teams to manage classifications efficiently and maintain audit readiness.
Next steps for organisations include auditing current job classifications, updating job descriptions, and evaluating MiHCM’s capabilities to automate exemption compliance. By leveraging technology and legal expertise, employers can minimise misclassification risk and ensure equitable treatment of salaried employees under overtime laws for salaried employees.
Evaluating existing processes and implementing best practices will help maintain a compliant workforce and reduce administrative burden over time.
