FLSA Exemption Categories

Executive Exemption. To qualify for the executive exemption to the overtime requirement, an employee’s primary duty must be managing the work of at least two or more other full-time employees, and must he or she must have the authority to hire or fire employees, or at least have their recommendations about hiring and firing considered.

Administrative Exemption. To qualify for the administrative exemption an employee’s primary duty must be the performance of non-manual work related to management or general business operations and must involve the exercise of discretion and independent judgment on significant matters.

Professional Exemption. The professional exemption applies to two types of employees, “learned professionals” and “creative professionals.” Learned professionals’ duties involve advanced knowledge in the field of science or learning acquired through a prolonged course of specialized intellectual instruction. Creative professionals’ duties require invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.