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The Department’s regulations require executive, administrative, and professional (EAP) employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
- Fact Sheet #17A
However, Section 13 (a) (1) of the FLSA provides an...
- Frequently Asked Questions
Employees are exempt if they are employed in a bona fide...
- Fact Sheet #17A
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.
Employees are exempt if they are employed in a bona fide executive, administrative, or professional (EAP) capacity as those terms are defined in the Department of Labor’s regulations at 29 CFR part 541. This exemption from the FLSA is sometimes referred to as the “white-collar” or “EAP” exemption. What is the FLSA’s EAP exemption?
23 kwi 2024 · Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when: 1. An employee is paid a salary, 2. The salary is not less than a minimum salary threshold amount ...
general, to be considered an exempt EAP employee, the employee must satisfy a salary test and a duties test. On April 26, 2024, DOL published a final rule that revised the salary thresholds for the exemption (in two phases) and established a methodology for updating the salary thresholds every three years, starting July 1, 2027. The rule
Section 13(a)(1) of the FLSA, found at 29 U.S.C. § 213(a)(1), exempts from the statute’s minimum wage and overtime pay requirements bona fide executive, administrative, and professional (EAP) employees and authorizes the Secretary of Labor to “define and delimit” this exemption through regulations.
26 kwi 2024 · To the extent that employers have already been providing raises to exempt EAP workers since January 1, 2020 (the effective date of the 2019 final rule), as some commenters contended, those increases should be appropriately reflected in the earnings thresholds to ensure their effectiveness.
