- FLSA Overtime Security Advisor
To qualify as an exempt professional employee, the employee must meet specific duties tests and either:
- Be paid on a guaranteed salary basis at a rate of at least $455 per week or
- Be paid on a fee basis of at least $455 per week or
- Meet the requirements to be considered a highly compensated employee (annual compensation of $100,000 or more which includes a weekly guarantee of at least $455 paid on a salary or fee basis).
Because you responded that the employee meets none of the above compensation requirements, the employee does not appear to meet the tests to be considered an exempt professional employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).
If you have further questions about your situation, you may want to review Fact Sheet 17D: Exemption for Professional Employees Under the FLSA or contact your local Wage and Hour Division office.