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What professions are exempt from FLSA protections?

On Behalf of | May 26, 2021 | Wage & Hour Laws

The federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law provide wage and hour protections to covered employees. However, some types of workers are exempt, meaning they are not covered by the FLSA or Illinois Minimum Wage Law. This post will provide a brief overview of professions that are exempt from FLSA and Illinois Minimum Wage Law protections.

Executive employees

Executives are those who earn at least $684 per week and whose main duties concern the management of the business or a department or subdivision thereof. To be considered an executive an employee must customarily and regularly direct the work of two or more other employees.

Administrative employees

Administrative employees are those who earn at least $684 per week and whose main duties concern the performance of office work or other non-manual work related to the management policies or business operations of the employer. To be considered an administrative employee, the employee must also be responsible for work that demands discretion and independent judgment.

Professional employees

Professional employees are classified as either learned professionals or creative professionals. A learned professional earns at least $684 per week and is responsible for performing work that requires advanced-level knowledge in a field of science or other profession requiring a prolonged course of specialized instruction. Learned professionals must consistently use discretion and judgement in the course of their job duties.

Creative professionals are those who earn at least $684 per week and take on jobs requiring talent, imagination or invention in an artistic endeavor.

Computer professionals

Whether a computer professional is exempt is based on their salary or hourly wage. If they earn a salary, to be considered a computer professional they must earn at least $684 per week and perform work requiring highly specialized knowledge in computer systems as a computer systems analyst, programmer, software engineer or other similarly skilled worker.

If they are paid an hourly wage, to be considered a computer professional they must earn at least $27.63 an hour, and must be responsible for either the application of systems analysis procedures; the creation, testing or modification of computer systems or programs; or a combination of the above duties.

Outside sales employee

To be considered an outside sales employee, the worker’s duties must purposely and customarily require them to travel to make sales or contracts for services. In addition, to be considered an outside sales employee the worker can spend no more than 20% of their hours on-the-job with their own outside sales or solicitations.

Learn more about wage and hour laws

As this shows, not every employee is under the protection of the FLSA or Illinois Minimum Wage Law. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about wage and hour laws are encouraged to explore our firm’s website for further information.