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 paid on a salary or fee basis;
• The employee's primary duty includes the performance of office or non-manual work;
• The employee customarily and regularly performs one or more duties or responsibilities that are in a recognized field of science or learning and that require advanced knowledge that is customarily acquired by a prolonged course of specialized intellectual instruction;
• When performing such duties or responsibilities, the employee's work is predominantly intellectual and requires the consistent exercise of discretion and judgment in applying advanced knowledge; and
• The employee possesses the appropriate academic degree as evidence of the prolonged course of specialized academic instruction.

Therefore, based on these responses, the employee appears to meet the duties tests for exemption as a highly compensated learned professional employee. However, to qualify for exemption, additional tests must be met concerning the weekly guarantee of at least $684 and total annual compensation of at least $107,432. 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 #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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