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Employee Classification: District of Columbia

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Meredith S. Campbell and Fred S. Sommer, Shulman, Rogers, Gandal, Pordy & Ecker, PA


  • Certain executives, administrators, professionals, outside salespersons, newspaper deliverers, volunteers, religious workers and babysitters are exempt from both the minimum wage and overtime requirements of the District of Columbia. See General Exemptions (Minimum Wage and Overtime).
  • Some employees are exempt from the District of Columbia's overtime law. See Overtime Exemptions. However, if an employee exempt under District of Columbia law is covered by the Fair Labor Standards Act (FLSA) and is not specifically exempted from being paid overtime under the FLSA, the employee would need to be paid overtime in accordance with the FLSA. Conversely, employees who may not be covered by or who may be exempt under the FLSA, may not be exempt from being paid overtime under District of Columbia law.
  • The FLSA does not apply to certain employers. However, unless there is also an exception for the employer from the District of Columbia's overtime provisions, the employer would be required to pay overtime to nonexempt employees in accordance with District of Columbia law. See Overtime: District of Columbia.