The Fair Labor Standards Act (FLSA) requires that employers classify jobs as either exempt or non-exempt. Non-exempt employees are covered by FLSA rules and regulations, and exempt employees are not. Exempt positions are excluded from minimum wage, overtime, regulations, and other rights and protection afforded non-exempt workers. Employers must pay a salary rather than an hourly wage for a position to be exempt. Non-exempt employees, are not exempt from FLSA requirements, employees who fall within this category must be paid at least minimum wage for each hour worked and given overtime pay of not less than one and one times their hourly rate for any hours worked beyond 40 hours each week.
Reference Information
- Memo from Joseph Kueppers, chancellor for civil affairs (dated November 19, 2024): Federal Court blocks change in salary threshold for exempt employees under FLSA
- Exempt vs Non-Exempt: How to Accurately Determine the Status of Your Labor Force
- Presentation Slides: Exempt vs Non-Exempt: How to Accurately Determine the Status of Your Labor Force
- Frequently Asked Questions (FAQ) Regarding Salary Threshold for Overtime Exemption
Tools & Templates
Supplemental Materials
- Youth Ministers and Overtime (Presentation from law firm, Felhaber Larson)
