FLSA Overtime Security Advisor

Professional Employees

Based on your response that the employee does not customarily and regularly perform one or more duties or responsibilities that require invention, imagination, originality or talent in a recognized field of artistic or creative endeavor, the employee does not appear to meet the duties tests for exemption as a highly compensated creative 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).

You may want to explore the Executive or Administrative sections for help in determining whether the employee meets the tests for exemption as a highly compensated executive or administrative employee.

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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