Fair Labor Standards Act (FLSA) – Exempt vs. Non-Exempt Status in Illinois:

When determining whether an employee is exempt or non-exempt from receiving overtime, an employer in Illinois needs to review their employee’s classification against both the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law.
To assist in this review, we are providing a brief overview of the criteria for determining who is exempt. Click here to download the chart.

• 29 CFR, Part 541, as in effect as of March 30, 2003 www.access.gpo.gov

• 29 CFR, Part 541, as amended and effective August 23, 2004 http://www.dol.gov/esa/regs/fedreg/final/Regulation_541.pdf

• Illinois Minimum Wage Law