Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a work week. However, the FSLA provides exemptions from both the minimum wage and overtime pay for employees employed as bona fide Executive, Administrative, Professional and Computer employees. 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.

DOL links to fact sheets for each exemption types and associated regulations and tests are available below:

Note: Job titles or classifications do not determine Exempt/Non-Exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all requirements of the U.S. Department of Labor’s (DOL) regulations. It is the responsibility of each State agency to ensure that each of its jobs is properly identified as exempt from overtime based on these regulations, or non-exempt.

Department of Labor FLSA sites

FAQs relating to critical FLSA areas


Christy Osentowski

402-471-2833 | Email

Classification & Compensation

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Lincoln, NE 68508

fax: 402-471-3754