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Exempt vs. Non-Exempt Employees—How to Determine

This page covers the following topics:

  • Overview  
  • Exempt Employees 
  • Executive Exemption 
  • Administrative Exemption 
  • Professional Exemption 
  • Outside Sales Exemption 
  • Highly Compensated Employees 
  • Computer Employee Exemption 
  • FLSA Overtime Security Advisor 
  • Additional Resources 


In order to satisfy the requirements of the Fair Labor Standards Act, it is very important to properly classify your employees as exempt or non-exempt.

The Fair Labor Standards Act (FLSA) includes minimum wage, overtime pay and child labor protections for workers in the United States. The FLSA has always included exemptions for certain executive, administrative, professional and outside sales workers. More recently, Congress added exemptions for certain types of occupations in the computer field. The FLSA also includes several other exemptions from the minimum wage and/or overtime pay protections.

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