Is an hourly employee ever exempt from FSLA?

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Is an hourly employee ever exempt from FSLA?

I work in marketing in a high level
role, but get paid by the hour. I do not
have a high school diploma or college
degree, but make up for it in
experience.

I often work in excess of 100 hours a
week. Am I exempt from FSLA?

Asked on October 29, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only hourly employees who may be exempt are those who earn more than $100,000 per year. If they do, and perform at least one of the duties of an exempt executive (managerial), professional or administrative employee and do primarily office or non-manual work, then they would be exempt--but not other hourly employees. Only such "highly compensated" hourly employees may be exempt. Here is a link you may find informative: https://www.dol.gov/whd/overtime/fs17h_highly_


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