Exempt or Not?
So, your employer has decided you are exempt under the FLSA. But is your employer right? It makes sense to think about this issue carefully. If you are classified as exempt, your employer does not have to pay you overtime if you work over 40 hours in a week. If you are nonexempt, your employer does. And your employer is the one who makes the call.
Whether your employer has decided you meet one of the administrative, professional, executive, outside sales, or other exemptions found in 29 U.S.C. § 213, it makes sense to contact a wage and hour attorney to see if the law agrees. Even if you are nonexempt, your employer may be encouraging you not to mark down more than 40 hours in a week despite the realities of your work time. Either way, consulting with an attorney can help you determine whether or not your employer is in compliance with law.
Remember that whether or not an any employee meets an exemption will turn on the specific facts in the case. Check back for updates on this site concerning this important issue in wage and hour law or fill out and submit the form on the site to get advice about how the law applies to your own situation.