Exemptions From The Overtime/Minimum Wage Requirements Of The FLSA

Most of the litigation of FLSA claims concerns whether the employee is "exempt" from the minimum wage and overtime requirements of the statute. Those who are exempt may be paid a straight weekly salary, no matter how many hours they work and are not entitled to overtime pay. Those who are not exempt must generally be paid both minimum wage and overtime pay. While the FLSA literally has dozens of exemptions, the most common exemptions are the "executive exemption", the "administrative exemption" and the "professional exemption". To be considered an exempt employee, the employer must meet every single part of the test with respect to that employee. If an employer is claiming an exemption, the employer must prove that the employee "plainly and unmistakably" falls within the exemption. Corning Glass Works v. Brennan, 417 U.S. 188, 196-7 (1974). That the employer bears the burden to prove an exemption makes the FLSA an employee friendly law.