An employee is entitled to overtime pay unless the employee falls within one of the specific exemptions set forth in the Fair Labor Standards Act (FLSA). This Act contains numerous exemptions which apply to various types of employees. There are certain exemptions referred to as “white collar exemptions” for executive, administrative and professional employees.
There are specific legal requirements for each exemption. Depending upon the exemption involved, the requirements include a combination of factors, such as: the employee’s duties and the amount of salary or fees paid to the employee each workweek. Educational background is particularly significant for the professional exemption. For the executive exemption the employee must be paid on a salary basis. For the healthcare administrative and professional exemptions, the employee must be paid on either a salary basis or a fee basis.
All of the requirements of the exemption must be met for the employee to be exempt. The employer has the burden to prove the requirements for the exemption. The exemptions are based on the employee’s job duties, not the job title 0r the written job description.
If you are a healthcare worker and your job is not exempt under federal law, your employer must pay overtime wages. To find out if you are eligible for past and present overtime pay, you should contact our unpaid overtime lawyers now at (855) 754-2795 to learn more about your legal rights to receive the money you are owed for your time worked. Our experience attorneys will evaluate your case and discuss your legal options with you. We provide a Free Case Review and there are no legal fees or costs until you receive your settlement.