WHO CAN LEGALLY BE DENIED FLSA OVERTIME PAY?
The FLSA has a number of categories of employees who are exempt from the overtime laws. In some cases, however, state laws cover the employees who are exempt from the FLSA. In addition, exemptions are applied on a workweek basis. Employees who perform non-exempt duties in a workweek typically are not exempt that week and are entitled to FLSA overtime compensation for overtime hours worked that week regardless of their FLSA status the rest of the year. GENERAL PRINCIPLES There are a few well-established principles regarding exemptions to the Act. • Employees are presumed to be entitled to overtime pay; • The employer bears the burden of proving that an employee fits within a claimed exemption; • Job duties, not job titles govern whether an exemption applies. Employers often give employees fancy administrative or professional sounding job titles for purposes of exempting them from overtime pay. Legally, this does not work. In determining whether or not an exemption to overtime pay applie
