In order for a position to qualify for exemption under the Fair Labor Standards Act (FLSA) minimum wage and overtime pay requirements, the job duties and salary must meet the test specified in the regulations. The FLSA allows for the exemption of bona fide executive, administrative, and professional positions as long as they meet the requirements. Other positions may also qualify for exemption as listed in the FLSA guidelines. Based on your description of the position, the Administrative Exemption test is most likely the one you would want to review. To qualify for the administrative employee exemption, all of the following tests must be met: • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; • The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. For more information please refer to the Department of Labor’s Fact Sheet #17a.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.