FLSA Overtime Security Advisor

Executive Employees

Based on your response, the employee does not customarily and regularly:

• Manage the enterprise in which he or she is employed or a customarily recognized department or subdivision of it;
• Direct the work of two or more other full-time employees or their equivalent; or
• Authorize the hiring or firing of other employees, or make suggestions and/or recommendations that are given particular weight regarding the hiring, firing, advancement, promotion or other change of status of other employees.

Therefore, the employee does not appear to meet the duties tests for exemption as a highly compensated executive 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 Administrative or the Professional sections for help in determining whether this employee meets the duties tests for exemption as a highly compensated administrative or professional 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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