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What is the current Exempt Level criteria under the FLSA Regulations?

To qualify for exempt status, positions must meet all three of the following tests: 

  1. Salary Level Test: The minimum weekly pay rate for exempt employees must be at least $844, or $43,888 annually. 
  2. Salary Basis Test: Generally, exempt employees must be paid full salary for any week in which any work is performed. Variations in the work product or the actual hours worked typically does not impact compensation. The regulations are complex, and cases should be referred to the Classification & Compensation team for review in consultation with the Office of the General Counsel, as needed.
  3. Duties Test: The specific job’s duties must qualify under the duties test provided by the Act for the particular exemption. The Classification & Compensation team utilizes these duties tests to make determinations when reviewing job descriptions. For more information on the duties tests, refer to the fact sheets available on the DOL’s website.