U.S. Department of Labor
Wage and Hour Division
(Revised July 2008)
Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer &
Outside Sales Employees Under the Fair Labor Standards Act (FLSA)
This fact sheet provides general information on the exemption from minimum wage and overtime pay provided
by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541.
The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all
hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours
in a workweek.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for
employees employed as bona fide executive, administrative, professional and outside sales employees. Section
13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees
generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455
per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific
job duties and salary must meet all the requirements of the Department’s regulations.
See other fact sheets in this series for more information on the exemptions for executive, administrative,
professional, computer and outside sales employees, and for more information on the salary basis requirement.
To qualify for the executive employee exemption, all of the following tests must be met:
•	 The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less
than $455 per week;
•	 The employee’s primary duty must be managing the enterprise, or managing a customarily recognized