Are there any exceptions to the standard minimum salary level for the Fair Labor Standards Act (FLSA) overtime exemptions?

Author: Deborah J. Tibbetts, Esq.

Yes. The most notable exceptions to the minimum salary requirement for overtime exemptions under the FLSA include the following:

  • Computer-related occupations. Computer employees may be paid either a weekly minimum salary or a minimum hourly wage.
  • Outside salespersons and commissioned salespersons. There is no minimum salary level requirement for outside salespersons and commissioned salespersons (although commissioned salespersons must have a regular pay rate that is more than one and one-half times the minimum wage for every hour worked in a workweek in which overtime hours are worked and derive more than 50 percent of their total earnings from commissions).
  • Teachers, lawyers and doctors. The minimum salary level requirements do not apply to the exemptions for teachers, licensed attorneys actually engaged in the practice of law or licensed doctors actually practicing medicine.