|
Orlando,
Florida Overtime Lawyer / Attorney
When is an
employee exempt from the laws requiring payment
of minimum wage and overtime?
(Back to Questions)
An employee is entitled to minimum wage and
overtime pay unless the employee falls within
one of the specific exemptions set forth in the
FLSA. The FLSA contains numerous exemptions that
apply to various types of employees. The most
common exemptions are the so-called "white
collar" exemptions for executive, administrative
and professional employees. Two other "white
collar" exemptions that may apply are those for
outside salesmen and for computer-related
occupations. In-home care, another exemption,
known as the "companionship services exemption,"
for employees providing companionship services
to the aged or infirm often can come into play.
Specific legal requirements exist for each of
these exemptions. Depending upon the exemption
involved, the requirements include a combination
of factors, such as: the employee's duties, the
amount of time spent by the employee performing
those duties, and the amount of salary or fees
paid to the employee each workweek. Educational
background is particularly significant for the
professional exemption. For the executive
exemption, the employee must be paid on a salary
basis. For the administrative and professional
exemptions, the employee must be paid on either
a salary basis or a fee basis. The method of pay
is not a part of the outside salesman exemption.
The computer-related occupation permits payment
on either a salary or an hourly basis provided
certain dollar amounts are met.
All of the requirements of the exemption must be
met for the employee to be exempt. Furthermore,
the burden is on the employer (not the employee)
to prove the requirements for the exemption. The
exemptions are based on what an employee
actually does. Neither the employee's job title
nor the written job description is controlling.
An employer should not simply assume anyone is
exempt. It must know and apply the requirements
of the specific exemptions to determine if an
employee is not required to be paid overtime.
(Back to Questions)
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464 or email
us by utilizing our confidential
submission form.
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