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Are there exemptions to the FLSA?

The Fair Labor Standards Act (FLSA) regulates things like overtime pay and the minimum wage, among many other workplace matters. While a wide range of workers is covered by the FLSA there are also quite a few exemptions. The U.S. Department of Labor offers insight into these exemptions so both workers and employers remain fully apprised to their rights.

Exemptions for salespeople

People who primarily earn a living via sales are normally excluded from wage and hour laws regarding pay. There are two considerations to be made when it comes to sales personnel. First, the worker must mostly do business away from their employer’s physical location. Secondly, the worker must be involved in obtaining commitments from customers in terms of sales, whether they are for goods or services offered.

Exemptions for executives

Executives often earn a salary, which means they’re paid the same wage regardless of hours worked. If an executive makes more than $455 weekly, is involved in the management of two or more people, and has hiring and firing authority, he or she is typically exempt from FLSA. There is also an administrative exemption. This has the same wage requirement but without the management duties associated with executive positions.

Exemptions for computer workers

Wage requirements must also be met for computer workers. A person must earn a salary of $455 per week or an hourly rate of $27.63 to be exempt from wage and hour laws. Also, duties must comprise the development, design, modification, and application of computer programs or systems. This typically includes people who are employed as software engineers, analysts, and programmers. 

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