Who Qualifies as a Manager Under FLSA?

The Fair Labor Standards Act requires employers to pay employees at least minimum wage for their work and at least one and a half times their normal pay for every hour worked over 40 in a given week. It’s a valuable tool to protect workers from exploitation, and Markoff Leinberger’s Chicago overtime violations lawyers have brought many cases under the act.

However, the law has a significant loophole: it provides an exemption from both the overtime and minimum wage provisions for “executive” or “managerial” employees. As such, many employees are surprised to suddenly discover that they’ve become “managers” once they are required to work overtime.

To qualify under the executive exemption, you must:

  • Make at least $455 a week
  • Manage other employees and some element or division of the business as your “primary duty”
  • Have hiring and firing authority, or have your recommendations related to hiring, firing, promotions, raises and other personnel matters given “particular weight”

As you can imagine, there’s still quite a bit of legal ambiguity contained within those provisions, and courts often struggle to determine if a given employee qualifies as a “manager.”

At Markoff Leinberger, our Chicago overtime violations lawyers are familiar with FLSA and the legal precedents regarding managerial designations. If your company requires you to work overtime in violation of FLSA, then tries to argue that you qualify as an excecutive or manager, we have the legal know-how and experience to make a compelling argument on your behalf.

If you live in the Chicago, Illinois area and need an experienced overtime violations lawyer, please contact Markoff Leinberger today for a free consultation.


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