Who is exempt from overtime?
Overtime is another area governed by the FLSA. As with minimum wage, states may also have regulations above and beyond those of the FLSA. Employees may be exempt from overtime provisions of the FLSA if they meet the criteria established. There are four categories of exempt employees: Administrative, Executive, Professional and Outside Salespeople.

The first three categories carry with them minimum salary tests, as well as requirements concerning how much of the employee's time is spent in "non-exempt labor". The worker must also perform duties that are considered exempt at least 80% of the time in most industries. To qualify as an Exempt Outside Salesperson, one must meet even more complicated guidelines.

There are many misconceptions regarding what constitutes exempt employment for the FLSA. It is important to remember that job duties — not job titles, education or how an employee is paid (salary, hourly) create exemptions from overtime pay.

There are also specific categories of employment, such as agricultural workers, taxicab drivers, casual baby-sitters, etc., that may also be exempt from overtime and minimum wage requirements.