Section 13(a)(1) of the Fair Labor Standards Act provides a complete minimum wage and overtime pay exemption for any employee employed as a bonafide executive, administrative or professional capacity as those terms are defined in the regulations, 29 C.F.R. Part 541. It has been a long standing practice that employers have miscategorized various employees as those defined in the above regulation, when in fact the employees'­ duties do not involve the exercise of discretion and independent judgment of the type required by Section 541(2)(b). As such, any non-decision making employee is not exempt from the overtime rules promulgated by the Fair Labor Standards Act.

If you are an employee that is not paid time and a half overtime for hours exceeding 40 hours per week, you may be entitled to a recovery. For questions, please contact Joseph Danis at 1-800-721-2519 or e-mail him.