Under the federal Fair Labor Standards Act (FLSA), employees who are not exempt from the FLSA's minimum wage or overtime pay protections.

Common exemptions under the FLSA include:

Employees who do not satisfy the requirements for exemption must be paid at least the minimum wage and overtime pay required by the FLSA.

For more information, see Practice Note, Wage and Hour Law: Overview: Minimum Wage and Overtime Pay.

Under state or local wage and hour law, employees who are not exempt from state or local minimum wage, overtime pay, or other wage and hour requirements. State and local law often expressly exempts the same categories of employees that are exempt under the FLSA. However, states and localities may also:

For more information on state wage and hour exemptions, see Wage and Hour Laws: State Q&A Tool and State Wage and Hour Claims Toolkit.

Employers must comply with the applicable federal, state, or local law that provides employees with greater rights or protections.