Employees Not Entitled to the Minimum Wage

If you fall under any of these exemptions, then you are not entitled to minimum wage:

Executive Employees

To meet the executive employee exemption, the employee:

• must be compensated on a salary basis at a rate not less than $455 per week;
• must have primary duty managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
• must customarily and regularly direct the work of at least two or more full-time employee or their equivalent; and
• must have the authority to hire or fire other employees, or the employee's suggestions and recommendations as to the hiring, firing, advancement, promotion or other change of status of other employees must be given particular weight.

Administrative Employees

To meet the administrative exemption, the employee:

• must be compensated on a salary or fee basis at a rate not less than $455 per week;
• must have primary duty of performance of office or non-manual work directly related to the management or general business operation of the employer or the employer's customers; and
• primary duty includes the exercise of discretion and independent judgment with respect to matter of significance.

Professional Employees

To meet the administrative exemption, the employee:

• must be compensated on a salary or fee basis at a rate not less than $455 per week;
• must have primary duty of the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
• must have advanced knowledge in field of science or learning; and
• the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Outside Sales Employees

To meet the outside sales exemption, the employee must:

• have the primary duty of 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
• be customarily and regularly engaged away from the employer's place or places of business.

Highly Compensated Employees

To meet the highly compensated workers exemption, the employee must:

• earn total annual compensation of $100,000 or more, which includes at least $455 per week paid on a salary basis; and
• customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative or professional employee.

Moreover, employees employed by certain seasonal and recreational establishments, farm workers employed on small farms, babysitters on a casual basis, companions of the elderly, newspaper employees of limited circulation, newspaper delivery employees, and federal crime investigators are exempt from minimum wage.