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John Wilcox is senior editor of 15 HR Specialist newsletters covering employment law, compensation and benefits, as well as theHRSpecialist.com. A journalist who has covered HR, training, organization development and business management for more than 15 years, John keeps his finger on the pulse of what’s working in HR through daily contact with some of the nation’s top HR pros, business people and employment law attorneys.

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It’s a perennial HR challenge: Determining whether an employee is exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).
In a nutshell: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep.
Here are the key considerations in deciding whether an employee is exempt or nonexempt under the FLSA:
1. Does the employee earn a salary?
2. Does the employee hold a position with duties the U.S. Labor Department designates as appropriate for exempt positions? (Generally, those positions fall into one of these categories: executive, administrative, "learned," computer or creative professionals, or outside sales people.)
For free resources to help you make the exempt/nonexempt call, see HR Specialist's article "Who’s exempt, who’s not? Free FLSA checklist helps you decide" (http://www.thehrspecialist.com/hrs_articles///5375/Who_s_exempt__who_s_not__Free_FLSA_checklist_helps_you_decide.hr
-- HR Weekly editors
Posted by: The HR Weekly Editors | August 28, 2007 at 12:34 PM
Does anyone know if religious institutions are exempt for complying with these laws?
Posted by: Phyllis | August 29, 2007 at 07:39 AM
Check FLSA for your state. The definitions are very clear.
Posted by: Cynthia | October 24, 2007 at 01:57 PM