What is considered an exempt employee?

An exempt employee is a worker who is not eligible for certain benefits or protections under wage and hour law in Washington. These benefits or protections include minimum wage, overtime pay, and certain workplace safety and health protections. An exempt employee is usually an executive, administrative, professional, or outside salesperson. The U.S. Department of Labor provides specific criteria for what positions are considered exempt. In general, an executive employee is someone who manages a department or subdivision with authority to hire, fire, or make recommendations regarding those decisions. They must also regularly direct the work of two or more employees in the department or subdivision and have some discretion in making decisions. An administrative employee must be in a position that requires discretion and independent judgment related to major matters. Professionals are usually those in a specialized field such as accountants, lawyers, or doctors. Outside salespersons have no managerial duties and make most of their income from sales outside of the workplace. In Washington, exempt employees are entitled to the same basic workplace protections as non-exempt employees. They are still entitled to a safe work environment, to be free of discrimination, and to receive wages and benefits in accordance with wage and hour law.

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What is considered an exempt employee?

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