I've been doing some reading about salaried exempt, salaried nonexempt, and hourly employees; on this SE as well as other sites.
I'm not clear on one point: using an example of computer programmers/developers/etc. does a particular company decide to offer a position as salaried exempt, or is that decision pre-empted by the FLSA?
For a more specific (but imaginary) example, could a company offer me an hourly position as an Android developer? Or does the law force them to only hire me as a salaried exempt employee?
I've seen similar verbiage on all references, and this is from dol.gov, emphasis mine:
The following are examples of employees exempt from both the minimum wage and overtime pay requirements:
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
Employees of certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year)
Persons employed solely by the individual receiving services (not an agency, non-profit, or other third party employer) primarily providing fellowship and protection (companionship services) to seniors and/or individuals with injuries, illnesses, or disabilities
See also: https://webapps.dol.gov/elaws/faq/esa/flsa/011.htm