FLSA Exemptions
The Atlanta attorneys who know FLSA exemptions law
Many Fair Labor Standards Act (FLSA) claims, concern payment of overtime and whether an employee is exempt from the minimum wage and overtime requirements of the law. Billips & Benjamin, based in Atlanta, Georgia, represents people throughout the United States on these important issues.
Exempt or non-exempt
Those who are exempt are paid a straight weekly salary no matter how many hours they work. They are not entitled to overtime pay. Those who are non-exempt must generally be paid both a minimum wage plus overtime pay when they work more than forty hours a week. Since the terminology can be confusing, generally speaking:
- Non-exempt employees are entitled to overtime pay
- Exempt employees are not entitled to overtime pay.
Exemptions
The most common exemptions are the executive exemption, the administrative exemption, and the professional exemption. Because the employer bears the burden to prove an exemption, the FLSA is an employee-friendly law.
The executive exemption
Under the executive exemption, the employee must:
- Be paid a salary of at least $455 per week
- Manage the enterprise or a subdivision of an enterprise as his or her primary duty
- Regularly and customarily direct the work of two or more full-time employees
- Have the right to hire or fire employees, or his or her recommendation to do so are given particular weight
- OR, own 20% or more of the business, even if he or she doe not actively participate in its management.
The administrative exemption
Under the administrative exemption, the employee must:
- Be paid a salary of at least $455 per week
- Perform office or non-manual work directly related to the management or operation of the business or the business's customers, AND
- Include exercising as his or her primary duty discretion and independent judgment with respect to matters of significance.
The professional exemption
To be covered under the professional exemption, the employee must:
- Be paid a salary of at least $455 per week
- Perform work requiring specialized knowledge, customarily acquired by a four year college degree, at minimum
- OR, be employed in a recognized field of science or learning
- OR, require invention, imagination, or originality in a creative endeavor. This includes those employees who are traditionally considered to be engaged in professions, such as:
- Lawyers
- Doctors
- Accountants (but not bookkeepers)
- Architects
- Pharmacists
- Registered nurses (but not Licensed Practical Nurses)
- Physicians' assistants
- Teachers
- Engineers
- Chefs (but not cooks)
- Musicians
- Artists
- Sculptors
- Writers
- Actors
An exemption is highly specific. You should consult an experienced overtime and minimum wage attorney as soon as you think you may have a claim.
Billips & Benjamin can represent you if these exemptions have been abused.
