Exempt or Nonexempt. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be exempt.
READ MORE ON THIS SUBJECT: http://www.flsa.com/coverage.html
I'm not a lawyer. This is only my opinion /suggestion. Most Replys' are based on information provided by the "original post" (OP).