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Employees may be considered exempt if they are paid a salary, earn at least $684 per week or $35,568 annually, and perform the job duties of one of the exempt professions (administrative, executive, etc.). Highly compensated employees who make $107,432 or more per year are also not required to be paid overtime.
Pay rate, job duties and responsibilities are all key factors in determining if an employee is exempt or non-exempt, not the type of clothes they wear or their work environment.
Exempt employees are usually: Paid on a salary rather than an hourly basis, and their work is either executive or professional. Distinguished from non-exempt employees, who are required to be paid at least the minimum wage and overtime when working more than the standard 40-hour workweek.
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).
The salary exempt test is a part of the Fair Labor Standards Act (FLSA) which is used to determine whether employees are exempt or non-exempt from overtime pay. The FLSA covers the entire U.S., but most states also have their own regulations and laws dictating overtime exemptions.
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The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.

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