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However, certain jobs by definition are exempt from the FLSA, such as agricultural workers and employees in movie theaters.  Some jobs are governed by another specific labor law.  For example, railroad workers are governed by the Railway Labor Act and truck drivers by the Motor Carriers Act.  To be exempt from the FLSA, an employee must be paid at least $23,600 a year on a salary basis and also perform exempt job duties, such as executive and administrative actions.

Exempt employees gain nothing from FLSA overtime rules. The only thing they are entitled to is getting full pay for a work period when they perform any work.  They will not receive overtime compensation or time off.  Nonexempt employees are entitled to 1.5 times their pay ratio for overtime work.  Any vacation or sick leave time is recorded to the nearest quarter hour. 

You can find more information about who is exempted and what benefits they are entitled to under the FLSA by visiting the Fair Labor Standards Act Advisor.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.


Written and Reviewed by Experts
Written and Reviewed by Experts
This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

  • This article was written and reviewed by Rocket Lawyer editorial staff
  • This article was last reviewed or updated on Feb 14, 2023

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