Is my position exempt from the FSLA minimum salary threshold of $47,476 per year?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my position exempt from the FSLA minimum salary threshold of $47,476 per year?

I work for a car wash as a general manager. I am consistently required to work over 40 hours a week without any overtime pay. My guaranteed salary is $30,000 annually. In addition to this I also earn a performance based bonus and commissions which are likely to amount to another $8,000 a year, for a total compensation of roughly $38,000 per year, all in. I am wondering if my position is exempt or not from the FLSA minimum compensation threshold of $47,476 a year for salaried workers.

Asked on September 10, 2019 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being a manager does not exempt you from the minimum FSLA salary requirement. However, you are mistaken about what that requirement is: while there was a proposal to raise it to $47k, that proposal never became law, in part due to the current Administration which withdrew its support for it. (There is currently a proposal to raise the threshold to $35k, but that has not happened yet.)
That means that the threshhold remains what it has been for many years: only $23,660/year. If your salary is more than that, which you write that it is, you are exempt from (do not receive) overtime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption