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Employee Fair Labor Standards Act Status

Exempt and NonExempt Status

The Department of Labor classifies employees in one of two categories--exempt or nonexempt.  Employees are deemed nonexempt or exempt based on the salary paid and the actual key duties and responsibilities being performed by the incumbent in that position.  The following summarizes the primary differences in the two categories.

Exempt Status

  • Exempt employees hold positions that are not protected or covered by the Fair Labor Standards Act. 
  • Individuals in this category must surpass the salary test, which is greater than or equal to $23,660 annually or $455 per week. 
  • An individual’s job functions must also pass the Fair Labor Standards Act duties test.

Nonexempt Status

  • Nonexempt employees are employed in positions covered by the Fair Labor Standards Act
  • Individuals in this status have clearly defined non-exempt duties.
  • Nonexempt employees have a defined work schedule and core hours as determined by their supervisors. 

Questions regarding a position’s exempt or nonexempt status should be directed to the Compensation Team.