FLSA Overtime Security Advisor

Professional Employees

You indicated that:

• The employee's annual compensation is at least $107,432 which includes a weekly guarantee of at least $684 paid on a salary or fee basis;
• The employee's primary duty includes performing office or non-manual work; and
• The employee customarily and regularly performs one or more duties or responsibilities that require invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Therefore, based on these responses, the employee appears to meet the duties tests for exemption as a highly compensated creative professional employee. However, to qualify for exemption, additional tests must be met concerning the weekly guarantee of at least $684 and total annual compensation of at least $107,432. You should also review the Compensation Requirements section to determine whether the employee's pay meets all requirements for exemption. 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 #17H:  Highly-Compensated Workers and the Part 541 Exemptions Under the FLSA or contact your local Wage and Hour Division office.

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