For overtime eligibility, if an employee performs several types of duties, what minimum percentage of those duties must be overtime-eligible to qualify for overtime pay?

For overtime eligibility, if an employee performs several types of duties, what minimum percentage of those duties must be overtime-eligible to qualify for overtime pay?

• A. 50%
• B. 25%
• C. 75%
• D. 100%

Answer: (A)

The important idea is how exemptions are determined when an employee does several different duties. Overtime pay under the FLSA goes to non-exempt workers, and the key question is which duty is the employee’s primary duty—the one that is most important and takes most of the time. If the overtime-eligible tasks account for at least half of the work, that tends to show the primary duty is non-exempt, so the employee should receive overtime. If less than half of the time is spent on overtime-eligible tasks, the primary duty is usually exempt and overtime may not apply. When exactly half is spent on each, the determination depends on the specific facts. So the minimum percentage to consider the duties overtime-eligible for overtime purposes is 50%.

The important idea is how exemptions are determined when an employee does several different duties. Overtime pay under the FLSA goes to non-exempt workers, and the key question is which duty is the employee’s primary duty—the one that is most important and takes most of the time. If the overtime-eligible tasks account for at least half of the work, that tends to show the primary duty is non-exempt, so the employee should receive overtime. If less than half of the time is spent on overtime-eligible tasks, the primary duty is usually exempt and overtime may not apply. When exactly half is spent on each, the determination depends on the specific facts. So the minimum percentage to consider the duties overtime-eligible for overtime purposes is 50%.