FLSA is short for the Fair Labor Standards Act. This is the federal law which governs minimum wage and overtime requirements. The FLSA can be very complicated, and includes a lot of exemptions for who has to be paid overtime and is exempt from overtime requirements. Many of the exemptions are for professionals or management. For example, as a professional, FLSA lawyer Morgan Smith is exempt from the overtime requirements. Generally speaking hourly workers are not exempt from overtime laws. Sometimes employers will try to classify people as independent contractors so they can pay them hourly but not pay overtime, but many times this classification is incorrect and you are still entitled to overtime. Further, just because you are paid a salary does not mean you are exempt from overtime. This is especially true when people are promoted to a salaried lower management position but keep doing the same job they did before except they are allowed to go to the bank or close out drawers at the end of the shift. Just because they are being paid a salary instead of hourly does not mean they are automatically exempt from overtime going forward.

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