Since 1938, the Fair Labor Standards Act (“FLSA”) has set the federal minimum wage and mandated overtime pay (time and a half) for employees who work over 40 hours during a 7-day period. The FLSA exempts employees from the minimum wage and overtime requirements if they are:
(1) paid a fixed salary (the “salary basis test”);
(2) paid at least the minimum salary (the “salary level test”); and
(3) assigned certain job duties and responsibilities (the “duties test”), including the so-called “white collar” exemptions for executive, administrative and professional employees. (Continue reading).