Re: Why am I not getting time and a half for overtime??
I just finished reading the FLSA just to make sure that I knew what I was talking about before putting my two cents in.
IF you are exempt, it is because you are in the "Learned Professional" category. However, there are tests you must pass in order to be exempt. They are as follows:
*The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
*The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
*The advanced knowledge must be in a field of science or learning; and
*The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Now, you have to pass all 4 tests, not just one of them. And unless you're paid a flat salary then you are not exempt. That means you paycheck never changes it's $XXXX.XX EVERY month rain or shine, 28 days or 31, 3 holidays or none etc. If you pass that test, then you are exempt and I'd be looking for another job unless you're paid a sweet salary!
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