FLSA Exempt and Nonexempt Defined - Office of Human Resources 2025

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Whether its better to be exempt or non-exempt depends on individual circumstances and preferences. Some employees may prefer the stability of a set salary and benefits, while others may prefer the opportunity to earn more money through overtime pay.
To determine if a job is exempt (not subject to overtime) or nonexempt (required to be paid overtime at time and a half), a job must meet the salary threshold for exempt status. Once a job meets that criteria, the FLSA uses five primary exemption tests to determine exempt status: Executive test. Administrative test.
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