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- FLSA Overtime Security Advisor

Executive Employees

You indicated that:

Therefore, based on these responses, the employee appears to meet the duties tests for exemption as an executive employee. However, to qualify for exemption, additional tests must be met concerning the weekly guarantee of at least $455. 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 17B: Exemption for Executive Employees Under the FLSA or contact your local Wage and Hour Division office.

FLSA Overtime Security Advisor Main Menu | Wage and Hour Division