Under the FLSA, all employees are considered non-exempt (meaning not exempt from the protection of the FLSA) unless: The employee’s position meets specific exemption criteria – which we will review in a moment
OR the regulations specifically allow an exemption, and the employer has opted to use this exemption.
One such exemption that the FLSA provides from both minimum wage and overtime pay is for certain “White Collar” workers. To qualify for one of the “White Collar Exemptions”, employees must meet all 3 of the requirements set forth by the DOL:
- Salary Basis Test: Employee must be paid on an annual salary basis.
- Minimum Salary Threshold Test: Employees must be paid equal to or above a salary threshold amount that is $913/week (effective December 1, 2016).
- Duty and Discretion Tests: Employee must qualify as an executive, administrator, professional, or computer professional.
