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Exempt Employee

Exempt Employee paystub meaning: A salaried worker not eligible for overtime pay under FLSA (must meet salary and duties tests).

A salaried worker not eligible for overtime pay under FLSA (must meet salary and duties tests).

An exempt employee is one who is excluded from FLSA overtime provisions. To qualify as exempt, an employee must: (1) be paid on a salary basis, (2) earn at least $35,568/year ($684/week), and (3) perform exempt job duties (executive, administrative, professional, computer, or outside sales). Exempt employees receive the same pay regardless of hours worked — they don't earn overtime, but they also aren't docked for working less than 40 hours.

Payroll and labor-law terms can vary by jurisdiction and by the facts of a particular job. This definition is an orientation, not legal advice; current federal, state, local, union, and employer rules may all matter.

When this term appears on a statement, read its label, current amount, year-to-date amount, pay-period context, and any adjacent rate or hours together. Resolve a mismatch with the original issuer or the cited authority rather than changing a record to force a preferred result.

Related terms

  • Non-Exempt Employee — A worker who IS eligible for overtime pay (time-and-a-half over 40 hours/week).
  • Overtime Pay (OT) — Pay of at least 1.5x your regular rate for hours over 40 in a workweek - and the regular rate is often higher than your base rate.
  • Fair Labor Standards Act (FLSA) — The federal wage law behind the $7.25 minimum, the 1.5x overtime rule past 40 hours, and the exempt or non-exempt label on your stub.
  • Salary — A fixed amount of pay per period, set by the year rather than by hours — and not, by itself, a reason you cannot be owed overtime.