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Assuming the employee makes the minimum

earnings and is paid a consistent amount no matter what

the actual hours worked are, they are still only “exempt”

from overtime if what they actually do all day is

considered an “exempt” duty under the law.

This is where an employer can really start tearing

their hair out. The exemptions are broadly stated in the

federal overtime laws as “bona fide administrative,

professional, or executive” duties. In addition to the piles

and piles of court decisions interpreting what those words

mean, the Department of Labor has a long list of specific

duties that it considers “exempt” under this language. If

you are fortunate enough to find the category that fits you

in the statute or Department of Labor regulations (for

example, there are specific rules for outside sales people,

39| Rules of the Road