Exempt vs. Non-Exempt Advisor

This tool is designed to help employers identify those workers who may be exempt from the federal minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA) under one of the more commonly used exemptions: bona fide executive, administrative, professional and outside sales employees, as well as certain employees in computer-related occupations.

Based on the information you supply in response to various questions, this tool provides general guidance on the executive, administrative, professional, computer or outside sales exemption that may apply to a particular employee. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week (or, for exempt computer employees, on an hourly basis at a rate not less than $27.63 an hour). 

Job titles alone do not determine the exempt or non-exempt status of any employee. Each determination is based on the specific job duties performed and compensation received. Therefore, you should run the tool for each specific employee or for each group of employees who perform essentially the same duties and receive essentially the same compensation package.