Can an Employee Only Be Exempt from Overtime Pay but Not Minimum Wage Law Requirements?
Are there circumstances in which an employee can be exempt from the federal Fair Labor Standard Act (FLSA) requirement for overtime but not for minimum wage? Under the FLSA, non-exempt employees must be paid at least a minimum wage and must be paid overtime hours at a rate of 1.5 times their regular rate of pay for every hour worked beyond a 40-hour workweek. Exempt employees are those who meet both salary and duty requirements, which involve earning at least a minimum salary ($684 per week or $35,568 annually) and being required to perform certain duties associated with particular types of professions.
In what types of circumstances can an employee be exempt from overtime pay only?
Understanding FLSA Exemptions
In general, “exempt” employees are those in executive, administrative, professional, and outside sales roles, as well as certain types of employees in other specific positions outlined by the US Department of Labor. An exempt employee is generally understood to be exempt from both overtime pay and minimum wage requirements.
To be exempt, as we indicated above, an employee must “pass” a two-part salary test (they must be paid on a salaried basis and earn a minimum amount), and they also must pass a “duties” test (meaning they must perform certain duties associated with the types of positions identified above.
Exemption Only from Overtime Pay
Employees who are “exempt” are generally understood to be exempt from both overtime pay and minimum wage requirements under the FLSA, but there are some employees who are only exempt from overtime pay (and not from the minimum wage requirement). What this means is that certain types of employees do not have to receive pay at a rate of 1.5 times their regular rate of pay for hours worked beyond the 40-hour workweek, but they must receive at least the minimum wage for each hour worked. In Florida, the basic minimum wage per hour is $14.00, but that will increase to $15.00 in September 2026.
What types of employees have minimum wage rights but are exempt from overtime pay? The DOL cites the following:
- Certain types of commissioned employees;
- Employees of certain railroad, air, sea, and motor vehicle carriers;
- Certain types of announcers, news editors, and broadcasting engineers;
- Live-in domestic service workers; and
- Motion picture theater employees.
Contact a Palm Beach Gardens Wage and Hour Law Attorney Today for Help with Your Minimum Wage Theft Case
Did your employer recently deny you minimum wage by claiming that you are “exempt” and do not have rights to overtime or minimum wage pay under the FLSA? Even if your job has some elements that suggest you may be exempt, it is critical to seek legal advice to determine first if you are actually owed both overtime and minimum wages as a non-exempt employee, and if not, whether you might only be exempt from overtime pay but not from the right to receive a minimum wage. While the latter circumstances are somewhat uncommon, your employer could owe you money, and you could be eligible to file a wage theft claim to obtain what you are owed in backpay in addition to other potential remedies. One of the experienced Palm Beach Gardens wage and hour lawyers at Sconzo Law Office can discuss the details of your case with you today and can help you to move forward with a claim.
Sources:
dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#8
dol.gov/agencies/whd/minimum-wage/state
