• Home
  • Firm
    • Our Past Results
    • Attorney Richard Celler
    • Attorney Noah E. Storch
    • Attorney Robert Pecchio
    • Attorney Andres Kroboth
    • Attorney German Beard
    • Attorney Alexander T. Harne
    • Attorney Layal Souwed
    • Attorney David Nudel
  • Practice Areas
    • Discrimination
    • Family Medical Leave Act Protection
    • Sexual and Other Harassment
    • Overtime and Unpaid Wages
    • Whistleblower Protection
    • Wrongful Termination
  • Info
    • Employee Resources
    • FAQ’s
    • News & Media
  • Blog
    • Age Discrimination
    • Blog Posts
    • Discrimination
    • Employment Discrimination in Florida
    • Employment Law
    • Family and Medical Leave Act in Florida
    • Family Medical Leave Act Protection
    • Gender Discrimination
    • Minimum Wages
    • Overtime Claims
    • Pregnancy Discrimination
  • Testimonials
  • Contact
COVID-19 Alert: COVID-19 ALERT: OUR FIRM REMAINS FULLY OPERATIONAL DURING THIS DIFFICULT TIME & WE ARE HERE TO HELP YOU THROUGH THIS CRISIS
facebook
twitter
youtube
google_plus
  • Home
  • Firm
    • Our Past Results
    • Attorney Richard Celler
    • Attorney Noah E. Storch
    • Attorney Robert Pecchio
    • Attorney Andres Kroboth
    • Attorney German Beard
    • Attorney Alexander T. Harne
    • Attorney Layal Souwed
    • Attorney David Nudel
  • Practice Areas
    • Discrimination
    • Family Medical Leave Act Protection
    • Sexual and Other Harassment
    • Overtime and Unpaid Wages
    • Whistleblower Protection
    • Wrongful Termination
  • Info
    • Employee Resources
    • FAQ’s
    • News & Media
  • Blog
    • Age Discrimination
    • Blog Posts
    • Discrimination
    • Employment Discrimination in Florida
    • Employment Law
    • Family and Medical Leave Act in Florida
    • Family Medical Leave Act Protection
    • Gender Discrimination
    • Minimum Wages
    • Overtime Claims
    • Pregnancy Discrimination
  • Testimonials
  • Contact

Blog Post

What Is the Executive Exemption under the Overtime Laws?

13 Aug 2015
Comment are off
Richard Celler

Executive Exemption Fortunately for workers in the United States, a myriad of state and federal laws are aimed at protecting workers from employment discrimination and at ensuring that workers are treated fairly in the workplace. Most employees, for example, must be paid overtime for all time they work over 40 hours in a given workweek. There are exceptions to this general rule though. Your employer may claim, for instance, that you qualify for the executive exemption under the overtime laws. To be certain you are not missing out on wages to which you are entitled you should have at least a basic understanding of who qualifies for the executive exemption.

The Fair Labor Standards Act, or FLSA, is the federal law wherein the federal minimum wage as well as the laws relating to overtime can be found. In general, the FLSA requires a covered employer to pay non-exempt employees overtime at the rate of one and one half the employee’s regular pay rate for all time the employee works over 40 hours in a given workweek. A “workweek” is a fixed and regularly recurring period of 168 hours. A workweek may start on any day of the week, as long as it starts on the same day every week. Contrary to popular belief, there is no limit to the number of hours an employee may be required to work each week, as long as overtime is paid after 40 hours. In addition, overtime is not required to be paid after 8 hours a day nor is it required on holidays or week-ends as people often believe. The only firm requirement is that overtime be paid for time worked over 40 hours in a given workweek.

There are, however, several important and commonly used exemptions to the overtime requirement. One of those exemptions covers employees who qualify as bona fide executive, administrative, professional and outside sales employees.

According to the Wage and Hour Division of the U.S. Department of Labor, to qualify for the executive employee exemption, all of the following tests must be met:

·The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;

·

The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;

·

The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and

·

The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

If you have additional questions or concerns about the executive exemption to the overtime laws, or you believe your employer has been using the exemption improperly, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.

 

About the Author
Since 1999, Richard Celler has practiced exclusively in the are of employment law, and has handled thousands of employment related lawsuits in claims for overtime, discrimination, wrongful termination, harassment, retaliation, and on behalf of whistleblowers around the country.

Social Share

  • google-share

Contact Us To Discuss Your Claim

Toll Free: 866-344-WAGE (9243)
Main Toll Free: 877-435-9243
Broward: 954-903-7475
Tampa: 813-371-0799
Orlando: 407-261-1920
Space Coast: 321-206-4030
Dade: 305-351-2393
Ft-Myers: 239-567-5765
Jacksonville: 904-435-3310
Gainesville: 352-224-4200

Or Email Us Below:
richard@floridaovertimelawyer.com

Free Case Evaluation









Our Past Results

$225,000 Recovery for Arab American Discriminated Against for Being Egyptian (“Called Terrorist,” Spied on By Co-Workers);
-
$260,000 Recovery for Executive Discriminated Against and Fired on the Basis of His Age;
-
$276,000 Recovery for Individual Broker Who Was Fired Before Getting Paid His Commissions;
-
$330,000 Trial Verdict for Hourly Paid Worker Fired for Having HIV/AIDS;
-
$365,000 Recovery for Female Executive Fired for Being Pregnant;
-
$1,220,000 Trial Verdict for Vice President Terminated for Having Depression and Anxiety Under the Family Medical Leave Act;
-











Address

Richard Celler Legal, PA
10368 W. State Road 84
Suite 103
Davie, FL 33324
Phone: 954-903-7475

401 East Jackson Street
(SunTrust Tower), Suite 2340
Tampa, FL 33602
Available for Consultation

301 W Bay Street
Suite 1400
Jacksonville, FL 23801
Available for Consultation

Lucerne Executive Center
100 W. Lucerne Circle Suite 200
Orlando, FL 32801
Available for Consultation

Client Review

"The hiring of a lawyer is an important decision that should not be based solely upon advertisement.
Before you decide, ask the attorney to send you free, written information about qualifications and experience."
www.floridaovertimelawyer.com © 2020

Privacy Policy | Disclaimer | ADA Compliance Statement | Admin Only: 866-405-1746
Testimonial Disclaimer: Prospective clients may not obtain the same or similar results.