While most U.S. states adopt the federal Fair Labor Standards Act or FLSA duties tests, a few states apply different or stricter interpretations, either in law or in enforcement practice. Here's a breakdown of the key ones:

U.S. States with Meaningfully Different or Stricter FLSA Duties Tests

California = Most distinct from FLSA.

Applies a quantitative test: To be exempt, an employee must spend more than 50% of their work time on exempt duties (unlike FLSA’s more subjective “primary duty” test).
Highly detailed enforcement by the California Division of Labor Standards Enforcement (DLSE).
California’s Labor Code and Wage Orders include state-specific definitions of executive, administrative, and professional roles.

For example, if a manager in California spends more than 50% of their time stocking shelves or ringing up customers, they are likely non-exempt, even if they supervise staff.

New York = Generally aligns with federal FLSA duties, but:

The NY Department of Labor applies strict scrutiny, especially in enforcement actions.
Exemptions apply only to “bona fide” executive, administrative, or professional” employees, interpreted narrowly.
Some case law suggests a higher threshold of discretion and independence for administrative roles than under federal law.

Pennsylvania (2020 regulations updated duties language but re-aligned later)

In 2020, the state adopted a more detailed duties test than the FLSA for some exemptions.
However, in 2021, Pennsylvania repealed the divergent parts, and now generally aligns with federal standards again.
Still, historical enforcement patterns may linger, so some employers maintain cautious practices.

States with Similar Duties Tests but Stricter Enforcement or Interpretation

· These states use FLSA-aligned duties tests on paper, but state DOLs or courts enforce more rigorously: Massachusetts, Illinois, Oregon, and Washington.

· In these states, you may face greater scrutiny in wage audits or litigation, especially over the “discretion and independent judgment” part of the administrative exemption.

No States Loosen the Duties Tests

· Importantly, no state may weaken the duties test below FLSA standards. The federal law sets a floor, not a ceiling.

Takeaway for Employers - If you operate in:

California – follow the 50% rule and state wage orders.
New York or Massachusetts – ensure high documentation of exempt-level decision-making.
Multi-state – always apply the stricter of state or federal tests.

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