FLSA Overtime Security Advisor

Professional Employees

Because you indicated that the employee does not customarily and regularly perform one or more duties or responsibilities that are predominantly intellectual in character and which require the employee to consistently exercise discretion and judgment in applying his or her advanced knowledge, the employee does not appear to meet the duties tests for exemption as a highly compensated learned 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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