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 per week paid on a salary or fee basis; and
• The employee's primary duty is work that requires 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 creative professional employee. However, to qualify for exemption, additional tests must be met concerning the weekly guarantee of at least $684. You should also review the Compensation Requirements section to determine whether the employee's pay meets the criteria 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 17D: Exemption for Professional Employees Under the FLSA or contact your local Wage and Hour Division office.

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