Overtime Exemptions and Salary

     A salaried position is not ipso facto exempt from the time-and-a-half overtime pay rule imposed by section 207 of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et. seq. at 207).

     The list of exemptions from the overtime rule appears in section 213. At the top of the list are those employed "in a bona fide executive, administrative or professional capacity." (29 U.S.C. 213(a)(1)).

     Although such positions often are salaried, the decisive considerations are whether the job entails hiring, firing, and supervising others (executive); or exercising judgment and discretion as to "matters of significance" (administrative); or advanced knowledge of science or learning gained through a prolonged course of specialized instruction (professional). (29 C.F.R. 541.100, 541.200, 541.300).