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Not necessarily, because the distinction between an "employee" and an "independent contractor" depends upon much more than what the parties chose to call themselves. In basic terms, an employee is someone over whose work an employer exercises direction or control, while an independent contractor is self-employed and not subject to the employer's direction and control. A worker may challenge his/her classification as an "independent contractor" and claim entitlement to overtime, and other rights and benefits, reserved for employees. The U.S. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA. The Court has held that it is the total activity or situation which controls. Among the factors which the Court has considered significant are: The nature and degree of control by the principal; The extent to which the services rendered are an integral part of the principal's business; The length or permanency of the relationship; The amount of the alleged contractor's investment in facilities and equipment; The alleged contractor's opportunities for profit and loss; The amount of initiative, judgment, or foresight in open market competition with others required for the success of the alleged contractor; and The degree of independent business organization and operation.

No. To qualify for exemption from the overtime pay requirements, employees generally must be paid on a salary basis at not less than $684 per week and meet certain tests regarding their job duties. Thus, in order for an exemption to apply, an employee's specific job duties, and not just their salary, must meet all the requirements of the Department of Labor's regulations under the FLSA (the so-called "duties tests" and the "salary test"). One of the most common myths under the wage and hour laws is that paying a person a "salary" means that they are necessarily exempt from the overtime pay requirements.

Yes, an employer may lose an exemption from overtime pay requirements if it has an "actual practice" of making improper deductions from its employees' salaries. If an "actual practice" of improper deductions is found, the exemption is lost during the time period of the deductions for employees in the same job classification working for the same managers responsible for the improper deductions.

As noted above, an exempt employee must receive his/her full salary for any week in which the employee performs any work, regardless of the number of days or hours actually worked. There are a limited number of specific deductions from an exempt employee's pay that are permissible, including: When the employee is absent from work for one or more full days for personal reasons other than sickness or disability; When the employee is absent from work for one or more full days due to sickness or disability so long as the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; To offset amounts employees receive as jury or witness fees, or for military pay; For penalties imposed in good faith for infractions of safety rules of major significance; or For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Also, an employer is not required to pay the full salary in the initial or final week of employment, or for weeks in which an exempt employee takes unpaid leave under the federal Family and Medical Leave Act.

The Department of Labor's regulations under the FLSA includes a special rule for "highly-compensated" workers who are paid total annual compensation of $107,432 or more. To qualify for the "highly-compensated" exemption, all of the following tests must be met: The employee must earn a total annual compensation of $107,432 or more, which includes at least $684 per week paid on a "salary basis"; The employee's "primary duty" must include performing office or other non-manual work; and The employee must "customarily and regularly" perform at least one of the exempt duties or responsibilities of an exempt "executive," "administrative," or "professional" employee. Thus, for example, an employee may qualify as an exempt highly-compensated executive if the employee customarily and regularly directs the work of two or more other full-time employees or their equivalent, even though the employee does not meet all of the other requirements in the standard for exemption as an "executive."