Mitchell Pollack & Associates PLLC
Your Solution Starts With A Phone Call
866-400-7388

Understanding overtime exemptions under the FLSA

Among the most important federal regulations that govern employers and employees are the mandatory overtime provisions of the Fair Labor Standards Act. The FLSA was passed in 1938 during the Great Depression to ensure that workers received a fair minimum wage and that workers received paid overtime if they worked more than a specified number of hours in a week. The issue that probably causes more disputes than any other portion of these regulations is the question of an employee's eligibility for mandatory overtime pay. Employers have been trying to limit the application of the requirement, and employees and their representatives have been trying to expand the reach of this provision.

Currently, the regulation requires that all workers who are not exempt from the coverage of the rule are entitled to receive paid overtime at 1-1/2 times their regular rate of pay for every hour worked in excess of forty during a normal work week. The regulation also exempts many types of employment from this requirement, and these exemptions are the source of most disputes. The general rule for overtime exemption is that management and professional employees are not entitled to overtime. Other classes of exempt employees are outside sales employees and employees making more than $107,432 per year.

Employers sometimes go to great lengths to give employees management-sounding titles, even though their work does not involve management of any kind. This approach is often frustrated by the rule that an employee's classification as a managerial employee must meet certain substantive bona fide tests concerning the employee's actual job duties. If the job title is not supported by the employee's actual duties, the employee will be deemed non-exempt and will be entitled to receive both a minimum wage and paid overtime for hours worked in excess of 40 per week.

In some cases, the exemption rules under the FLSA can be quite complex. Anyone with questions may wish to consult an experienced labor lawyer for clarification.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ready To Resolve Your Legal Issues

You have a business to run. The team at Mitchell Pollack & Associates is ready to tackle your legal needs so you can focus on your responsibilities. Call 866-400-7388 or use our online contact form to schedule a meeting.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Tarrytown Office
150 White Plains Road
Suite 310
Tarrytown, NY 10591

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 914-332-9191
Map & Directions

Mahwah Office
220 Franklin Turnpike
Mahwah, NJ 07430

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 201-529-4400
Map & Directions