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Many employers will argue that its managers are exempt from overtime under the FLSA executive exemption which excludes over time for” any employee employee and a bona fide executive… capacity.” 29 USC Section 213 (a) (1).
To “establish that an employee is a bona fide executive, an employer must show:
(1) the employee is compensated on a salary basis at a rate of no less than $450 per week;
(2) The employee’s primary duty is management of the enterprise in which the employee is employed or other customarily recognized department or subdivision there of;
(3) the employee customarily and regular directs the work of two or more other employees; and
(4) employee has the authority to hire or fire other employees were whose suggestions and recommendations as to the hiring, firing, advancement, promotion radiator changes status of other employment are given particular weight.” 29 CFR section 541.100 (a) (2006).
Each case is factually different. In the recent case of Morgan v. Family Dollar, the courts ruled that Family dollar managers were not bona fide executives becuase of the kind of job duties Family Dollar had the managers perform.
If you think you might be entitled to Florida overtime wages or have been called an “executive” for the purposes of avoiding the payment of overtime wages, contact Cavey and Barrett, Florida overtime lawyers.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-477-3263.