About Exemptly

Exemptly is a free, interactive tool that helps you understand whether a job role qualifies as exempt or non-exempt under the Fair Labor Standards Act (FLSA).

Why We Built This

Employee misclassification is one of the most common payroll compliance mistakes. The FLSA rules are dense: salary thresholds, five different duties tests (executive, administrative, professional, computer, outside sales), a highly-compensated employee shortcut, and state-level variations that can override federal minimums.

Most small businesses guess, or pay a lawyer $300/hour to tell them what a well-structured questionnaire could surface in 5 minutes. Exemptly fills that gap with a guided, DOL-sourced assessment that produces a clear risk score and printable summary.

How It Works

The assessment walks you through three key tests required for exempt classification:

1. Salary Basis Test: Does the employee earn at least the federal minimum salary threshold? (Currently $684/week or $35,568/year as of January 2025.)
2. Category Selection: Which of the five FLSA exemption categories best describes the role?
3. Duties Test: Does the employee actually perform the duties required for that exemption? Each question maps to specific DOL regulatory criteria (29 CFR Part 541).

Our Sources

Every question and threshold in Exemptly is sourced from official U.S. Department of Labor regulations:

• 29 CFR Part 541 — Defining and Delimiting the Exemptions
• DOL Wage and Hour Division — Overtime
• 2024 Overtime Rule (salary threshold updates)

What This Tool Is Not

Exemptly is not a substitute for legal advice. Classification decisions involve fact-specific analysis that may require professional guidance. This tool helps you understand the criteria and identify potential risks, but it does not make legal determinations.