Who is covered by the FLSA?
The Fair Labor Standards Act doesn’t apply to all employees; in fact, unless you are an hourly or unskilled laborer, the FLSA probably will not apply to your job. There are three primary FLSA exemptions, for professional employees, administrative employees, and executive employees. In short, to qualify under the executive exemptions, you must direct the work of two or more full-time employees, have the authority to hire and fire, exercise a high degree of independent judgment, receive a high enough salary to meet the exemption, and do not spend more than 20 percent of your time in nonmanagement functions. To qualify for the administrative exemption, you need to perform at least 80 percent office or non-manual work, regularly exercise discretion and judgment in your work, and assist an owner or executive. Finally, the professional exemption is applied to employees requiring advanced knowledge and education, regularly exercise discretion and judgment, perform work that is intellectual and varied, and receive a high enough salary to meet the exemption requirements.