The Duties Test is a standard used primarily by the U.S. Department of Labor to determine whether an employee qualifies for exempt or non-exempt status under the Fair Labor Standards Act (FLSA). This classification affects eligibility for overtime pay and minimum wage protections. The test examines an employee’s primary job duties and whether those duties meet specific criteria for exemption under categories like executive, administrative, professional, or outside sales roles.
The Duties Test helps ensure that only employees performing certain types of work are exempt from overtime rules.
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Key Facts
- Part of FLSA Overtime Exemption Criteria: The test assesses whether an employee’s primary job responsibilities meet the standards for exempt status.
- Key Duties Categories:
- Executive Exemption: Managing the enterprise or a department, supervising two or more employees, and having authority over hiring/firing.
- Administrative Exemption: Performing office or non-manual work related to management policies or general business operations.
- Professional Exemption: Work requiring advanced knowledge in a field of science or learning, usually acquired through prolonged education.
- Outside sales Exemption: Making sales or obtaining orders away from the employer’s place of business.
- Salary Level Test: In addition to the duties test, employees must meet a minimum salary threshold to qualify for exemption.
- Focus on Primary Duty: The “primary duty” is the main job function, determined by time spent, importance, and employee’s discretion.
- Determined by Job Description and Actual Work: Employers must evaluate actual job tasks rather than just job titles when applying the test.
1. What is the duties test?
It’s a test used to decide if an employee is exempt from overtime by evaluating their main job duties against criteria set by the FLSA.
2. Which employees need to pass the duties test?
Employees classified as executive, administrative, professional, or outside sales must meet the duties test to be exempt from overtime pay.
3. How do you determine an employee’s primary duty?
By looking at the time spent on tasks, their importance, and the employee’s discretion and authority in performing them.
4. Can job titles alone determine exemption status?
No. Exemption depends on the actual duties performed, not just the job title.
5. What happens if an employee doesn’t pass the duties test?
They must be classified as non-exempt and are eligible for overtime pay under the FLSA.
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