In the United States the Fair Labor Standards Act, or FLSA, protects most workers from being paid less than the federal minimum wage. The FLSA also requires most employers to pay covered workers overtime pay if the worker works more than 40 hours in a given work week. If your employer is not paying you overtime wages is might be because you fall under the executive exemption to the overtime laws. Only an experienced Florida employment law attorney can evaluate the facts and circumstances of your situation and provide you with specific advice with regard to your right to overtime pay; however, understanding a bit more about the FLSA may help you decide if consulting an attorney is in your best interests.
The FLSA was enacted to ensure that workers were paid accordingly when they work excessive hours in a given work week. Specifically, the FLSA requires that workers who work more than 40 hours in a work week be paid a rate not less than time and one-half their regular rate of pay. There are, however, exceptions to the overtime pay requirements in the FLSA. Certain types of employees are exempt from the overtime pay law. Some of the most commonly used exemptions include:
- Commissioned sales employees
- Computer professionals
- Drivers, driver’s helpers, loaders and mechanics
- Executive, administrative, professional and outside sales employees:
For an employee to qualify for the administrative or executive exemption to the overtime laws all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week.
- The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
- The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
As is often the case with the law, the terms and phrases used in the executive exemption tests can be confusing and/or open to argument by an employer. If your employer is claiming the executive exemption applies to you but you feel it should not apply, you should consult with the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to discuss your situation and determine what legal options you may have.