Key Point 8-08.05. The Fair Labor Standards Act exempts employees employed in an executive, administrative, or professional capacity from the minimum wage and overtime pay provisions. To be covered by one of these exemptions, an employee must perform specified duties, and be paid a salary in excess of a specified amount.
The FLSA requires covered employers to pay their employees at least the federal minimum wage, and overtime premium pay of one and a half times the regular rate of pay for all hours worked over 40 hours in a workweek. However, the FLSA includes a number of exemptions from the minimum wage and overtime requirements, including "any employee employed in a bona fide executive, administrative, or professional capacity … as such terms are defined from time to time by [Department of Labor] regulations."
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