Overtime Laws

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Exemptions Generally

Under the Act, an employee whose occupation is covered by the FLSA is referred to as either: “exempt” or “nonexempt.” Section 13 of the FLSA provides an exemption from both minimum wage and overtime pay for employees who are bona fide executive, administrative, professional and outside sales employees. Certain computer employees are also exempt under this section. For most employees, whether they are exempt or nonexempt depends on several factors, including: (1) how much they are paid, (2) how they are paid, and (3) what kind of work they do. The three most common exemptions are the Executive Exemption, Administrative Exemption, and Professional Exemption.

First, in order to qualify for exempt status, an employee must be paid on a salary basis (a defined term under the Act) at a rate not less than $913 per week or $47,476 annually (these amounts are effective December 1, 2016. Prior to December 1, 2016 the amount were $455 per week or $23,660 annually). Further, the type of work in which an employee actually engages is determinative, regardless of the employee’s job title.

If you are paid a “salary” but make less than $913 per week, you should contact us immediately as you may be entitled to compensation.

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Diclaimer: The national overtime lawyers and wage and hour attorneys at Mansell Law LLC hold offices and are licensed to practice in New York and Ohio. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.