To test whether a fee payment meets the minimum required amount for exemption, consider the time worked to complete the job and determine if the payment is at a rate that would yield at least $455 per week if the employee worked 40 hours. For example, an artist paid $250 to paint a portrait that took 20 hours to complete meets the minimum required amount since the rate would yield $500 if 40 hours were worked.

Questions? Contact an overtime lawyer at Werman Law Office, P.C.