The general rule under the Fair Labor Standards Act (FLSA) for overtime is: All Employees Are Entitled To Overtime. Under 29 U.S.C. § 207(a)(2), employers must pay employees at least one and one-half times their regular pay rate for all hours over 40 in a workweek. There are, however, three main exceptions or “exemptions” to this general rule: bona fide executive, administrative, and professional. The most litigated exemption is the administrative exemption.
Pursuant to the federal regulations, an employee fits within the administrative exemption of the FLSA if the employee is:
- Compensated on a salary or fee basis at a rate of not less than $455 per week;