Search Site
Menu
7041 Koll Center Parkway, Suite 240 | Pleasanton, California 94566
Overtime Exemptions

Understanding Overtime Exemptions Under the Fair Labor Standards Act

Receive sound advice from Pleasanton employment lawyers

Whether you are an employee or an employer, it is important that you understand the provisions of the Fair Labor Standards Act (FLSA). This federal law regulates who is eligible to receive overtime. Garcia & Gurney, A Law Corporation has comprehensive knowledge about the FLSA and can advise you on your rights under this law. Additionally, if you are facing an employment law dispute arising from an alleged FLSA violation, our experienced employment attorneys can help you obtain a timely resolution.

Exemptions

Certain classes of employees are exempt from the overtime provisions of the Fair Labor Standards Act. Thus, it is vital that employers and employees carefully examine an employee’s specific duties before assuming that the employee is exempt from overtime. There are also exemption tests that must be met.

The following types of employees are commonly exempt:

  • Administrative, executive and professional employees: Job titles do not determine exemptions. For administrative, executive and professional employees to qualify for exemption, they must meet tests regarding their work responsibilities and must be paid on a salary basis of no less than $455 per week.
  • Commissioned sales employees: For a commissioned employee to be exempt, the employee must be employed by a retail or service establishment; the employee’s pay rate must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked; and more than half the employee’s earnings in a representative period must be comprised of commissions.
  • Highly compensated employees: If an employee earns a minimum of $100,000 in annual base salary, non-discretionary bonuses and commissions, he or she is exempt from overtime requirements as long as he or she engages in one or more responsibilities of an exempt professional, administrative or executive employee.

We at Garcia & Gurney, A Law Corporation know that understanding the Fair Labor Standards Act can be difficult. The above list contains only a fraction of the requirements of the FLSA. For more information on the qualifications for employee exemption, seek assistance from a skilled employment attorney at our office in Pleasanton.

Let experienced employment lawyers uphold your rights

In addition to protecting your rights, Garcia & Gurney, A Law Corporation is prepared to guide you through the detailed provisions of FLSA so you have a clear understanding of the law. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Awards/Affiliations
Events and News
  • "New Laws for 2018 November 15, 2017 "

  • "E-Contracts & E-Signatures: Benefits and Pitfalls October 18, 2017"

  • "Protecting your IP August 9, 2017 "

  • "Medical Marijuana & Employment: The Do’s and Don’ts June 28, 2017"

  • "Medical Marijuana & Employment: The Do’s and Don’ts April 10, 2017"

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"