Who's Exempt From the Fair Labor Standards Act?
What churches need to know about hourly versus salaried employees.

The Fair Labor Standards Act mandates that employers pay the minimum wage and overtime compensation to employees who are engaged in commerce or in the production of goods for commerce. Examples of employees who are involved in interstate commerce include those who produce goods (such as a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the state.

Generally, employees who perform these tasks would be covered by the rules of the FLSA. This includes church workers. While there is no exception for religious organizations, there are exceptions for certain classifications of employees.

Who's Exempt?

The FLSA requires covered employers to pay their employees at least the federal minimum wage, and overtime premium pay of one and a half times the regular rate of pay for all hours worked over 40 hours in a workweek. However, the FLSA includes a number of exemptions from the minimum wage and overtime requirements, including "any employee employed in a bona fide executive, administrative, or professional capacity … as such terms are defined from time to time by [Department of Labor] regulations."

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