The Fair Labor Standards Act – Overtime case turns on employee’s sales activities

Description

Abstract: Besides meeting a salary requirement, an employee must primarily perform work directly related to management policies or business operations in order to be exempt under Fair Labor Standards Act (FLSA) standards. When a terminated ad salesperson charged that her company had failed to pay her overtime, an appeals court examined whether she was an administrative employee for the purposes of the FLSA and, thus, exempt from its overtime provisions. The judges ruled no, but a sidebar to this article looks at a case with a different outcome.