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Under the Fair Labor Standards Act (FLSA), which of the following employees is generally considered exempt from overtime pay requirements?

Correct Answer

B) A project manager earning $65,000 annually who manages construction projects and supervises field crews

Executive exemption applies to employees earning at least $684 per week ($35,568 annually) whose primary duty is management and who regularly supervise two or more employees. The project manager meets these criteria with management duties and supervision responsibilities.

Answer Options
A
A safety coordinator earning $50,000 annually who conducts daily safety inspections
B
A project manager earning $65,000 annually who manages construction projects and supervises field crews
C
A carpenter earning $35,000 annually who supervises two apprentices
D
An equipment operator earning $45,000 annually who operates heavy machinery

Why This Is the Correct Answer

Option B is correct because the project manager meets all three criteria for the executive exemption under FLSA: (1) earns at least $684 per week ($35,568 annually), which $65,000 exceeds, (2) has management as their primary duty, and (3) regularly supervises field crews (two or more employees). The executive exemption is specifically designed for management positions with supervisory responsibilities and sufficient compensation.

Why the Other Options Are Wrong

Option A: A safety coordinator earning $50,000 annually who conducts daily safety inspections

The carpenter fails to meet the salary threshold requirement for executive exemption. At $35,000 annually ($673 per week), they earn less than the required $684 per week ($35,568 annually) minimum for exempt status, regardless of supervisory duties.

Option D: An equipment operator earning $45,000 annually who operates heavy machinery

The equipment operator performs manual labor as their primary duty rather than management functions. Operating heavy machinery is skilled manual work that does not qualify for executive exemption, regardless of the salary level.

Memory Technique

Use 'SaM SuPeRvises' - Salary threshold + Management duties + Supervises 2+ people = Executive exemption

Reference Hint

Business and Finance for Contractors - Chapter on Employment Law and Labor Standards, or Florida Building Code Study Guide - Employment Regulations section

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