The Executive Exemption

The Fair Labor Standards Act (FLSA) exempts "executive" employees from receiving overtime pay. That does not mean they are not allowed to receive overtime pay, it just means the employer is not required to pay overtime.

The Code of Federal Regulations provides a list of requirements for executive employees. Of course, all of these requirements are further defined by other regulations and case law. If you are trying to figure out whether you are exempt from overtime, this is a great place to start, but you should seek the advice of a wage and hour lawyer that is familiar with this area of law.

From 29 C.F.R. 541.100:

(a) The term "employee employed in a bona fide executive capacity" in section 13(a)(1) of the Act shall mean any employee:

   (1) Compensated on a salary basis of not less than $455 per week, exclusive of board, lodging, or other facilities;

   (2) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivistion thereof;

   (3) Who customarily and regularly directs the work of two or more other employees; and

   (4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.

If you believe you may have been misclassified as overtime exempt or otherwise denied overtime wages, please call my office at (614) 939-9022.