Employee's work week may not exceed 50 hours per week. Exemptions FLSA contains numerous specific provisions excluding various classifications and types of employees from the overtime provisions. Exemptions are technical and complicated. Exemption for outside salesmen. Department of Labor regulations require that the employee receive specified minimum compensation and perform a variety of specified duties before the exemption applies.
Employer bears the burden of proving that the exempt employee meets all of the applicable tests.
Never assume that a highly paid individual is exempt from overtime payments. General rule is that all employees are entitled to overtime payments regardless of how high her wages are. Most violations of FLSA come from misclassification of employees as exempt. Primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision. Includes the customary and regular direction of the work of two or more other employees.