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 

Overview

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 aborprotections 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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