What factors determine whether an employee is “exempt” or “non-exempt”?

There are many factors to consider whether an employee is exempt or non-exempt under the law, much more specifically under the FLSA. For an employee to be exempt, generally, you will look at factors as to the degree of management or the degree of control that employee has over other employees and the responsibilities of that employee.

If that employee, for instance, has as a job function, as a main responsibility to fire or hire employees or to recommend to the hiring, firing, or demoting of employees that employee will generally be an exempt employee.