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Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
One of the lowest-hanging fruits is misclassification, like treating an otherwise overtime-eligible employee as exempt. The FLSA provides an exemption from minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, computer, and outside sales employees. These narrow exemptions apply only when an
