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What is a "Bona Fide Executive" Under Overtime Law?

To be considered FLSA exempt as a bona fide executive employee, the following must be true:
  • Your primary duty must be managing the enterprise or a recognized department or subdivision.
  • You must customarily and regularly direct the work of at least two or more other full-time employees.
  • You must have the authority to hire or fire other employees. If you do not have direct hiring authority they may still be exempt if their recommendations are given particular weight in the hiring or firing process.
Examples include “C-suite” executives as well as general managers. Just because the word “manager” appears in the title does not mean the employee is exempt. You must actually have the authority described in the FLSA. If you spend most of their time doing other non-exempt duties you may lose the executive status under the law.


Learn more here about overtime exemptions under Massachusetts and federal law.

Need Help With an Overtime Question?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact