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  Home > Employees > Compensation > Fair Labor Standards Act (FLSA) Exemption Criteria  
 
Fair Labor Standards Act (FLSA) Exemption Criteria

(Applied to both Non-Represented and Represented Positions)

Two tests must be met in order to assign a position to the Work Period Designation (WPD) status of overtime-exempt. These tests are the duties test and the salary basis test. Determining whether a position meets the criteria of these exemption tests is difficult and requires experience both in the interpretation of the exemption language and an understanding of how the Department of Labor and the cou