FLSA Overtime Security Advisor

Professional Employees

You indicated that:

• The employee receives the same amount of pay for each week as a guaranteed salary, regardless of the number of hours or days worked. This amount would yield at least $684 in gross earnings if paid weekly; 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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