KeyHR — Professional Employer Organization Florida
Compliance

Exempt Employee

An employee not entitled to overtime pay under the FLSA, typically salaried workers meeting salary and duties tests.

An exempt employee is an employee who is not entitled to overtime pay under the Fair Labor Standards Act (FLSA). To qualify as exempt, an employee must meet both a salary threshold test and a duties test.

The current FLSA salary threshold is $684 per week ($35,568 per year) for most exemptions. Employees earning below this threshold are automatically non-exempt, regardless of their job duties. The most common FLSA exemptions are the executive, administrative, and professional exemptions (the "white collar" exemptions).

Misclassifying non-exempt employees as exempt is one of the most common and costly wage and hour violations. Employers who misclassify employees can be liable for up to three years of unpaid overtime, plus liquidated damages and attorney's fees.

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