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Double Check Exemptions!

Some employees are exempt from the minimum wage of the Fair Labor Standards Act (FLSA), but checking the list of exemptions below isn't always enough to be sure if employees duties are exempt or not.

To be sure if duties are exempt employers and employees should always check the exact terms and conditions of an exemption in light of the employee's actual duties before assuming that the exemption might apply to the employee. The ultimate burden of supporting the actual application of an exemption rests on the employer.

Exemptions are typically applied on an individual workweek basis. Employees performing exempt and non-exempt duties in the same workweek are normally not exempt in that workweek.

Source Minimum Wage Exemptions

US Minimum Wage Exemptions

The Fair Labor Standard Act (FLSA) gives a list of the more commonly used exemptions for Minimum Wage coverage - you find this list in the next link: Minimum Wage Exemptions under the FLSA. You find more state specific exemptions if you click on the state links - under construction - below:

Alabama Hawaii Michigan N.Carolina  Utah 
Alaska Idaho Minnesota N. Dakota Vermont
Arizona Illinois Mississippi Ohio Virginia
Arkansas Indiana Montana Oklahoma Washington
California Iowa Missouri Oregon West Virginia 
Colorado Kansas Nebraska Pennsylvania  Wisconsin
Connecticut  Kentucky Nevada Rhode Island Wyoming
Delaware Louisiana New Hampshire S. Carolina
D. of Columbia  Maine New Jersey S. Dakota
Florida Maryland New Mexico Tennessee
Georgia Massachusetts New York Texas

Source Minimum Wage Exemptions

Mininum Wage Coverage

More than 130 million American workers are protected (or "covered") by the Fair Labor Standard Act (FLSA ) for their minimum wage. Employees can be covered by the law in two ways:

  • Enterprise Coverage
    • if you work for a business or organisations or enterprise which has at least two employees, and that has an annual dollar volume of sales or business done of at least $500,000.
    • if you work in a hospital, businesses providing medical or nursing care for residents, school or preschool, or government agency.
  • Individual Coverage
    • if your work regularly involve you in commerce between States ("interstate commerce"). Individuals are coverer if they are "engaged in commerce or in the production of goods for commerce" - for example a secretary typing letters in an office - that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State.
    • if you are a domestic service worker - housekeeper, full-time babysitter, or a cook.  See more at: Overtime Pay Home Care Aides
    Source Minimum Wage Coverage

Who makes sure workers are paid the minimum wage?

The Wage and Hour Division of the U.S. Department of Labor is responsible for enforcing the minimum wage. If you have questions about your minimum wage, you can call the nearest office of the Wage and Hour Division.