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Fair Labor Standards Act (FLSA) Exemptions

When determining whether an employee is exempt or non-exempt from receiving overtime, employers in Illinois need to review their employee's classification against both the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law.

Pursuant​ to Public Act 093-0672​.

​​Employees Salary Level Duties​
​​Executive No less than $684 per week Whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; and

Includes the customary and regular direction of the work of two or more other employees therein.
Administrative​ No less than $684 per week Whose primary duty consists of the performance of office or non-manual work directly related to management policies or general business operations of the employer or the employer’s customers; and

Which includes work requiring the exercise of discretion and independent judgment.​
​Professional No less than $684 per week​ Learned Professional:

Whose primary duty consists of the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study; and

Consistently exercises discretion and judgment

Creative Professional

Performs work requiring invention, imagination, or talent in a recognized field of artistic endeavor.​
Computer​ No less than $684 per week

No less than $27.63 an hour
Salary Test:
Primary duty of performing work that requires theoretical and practical application of highly-specialized knowledge in computer systems analysis, programming, and software engineering, and employed and engaged in these activities as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer software field, as provided in which includes work requiring the consistent exercise of discretion and judgment.

Hourly Test:
 Whose primary duty consists of one or more of the following:
  1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
  2. The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
  3. The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
  4. A combination of the aforementioned duties, the performance of which requires the same level of skills.​
​Outside Sales ​No minimum salary required Who is employed for the purpose of and customarily and regularly engaged away from the employer’s place or places of business in making sales; or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and

Who does not devote more than 20 percent of the hours worked by nonexempt employees of the employer to activities that are not incidental to and in conjunction with the employee’s own outside sales or solicitations.​