Overtime under the Fair Labor Standards Act (“FLSA”) sounds simple until an employer starts treating the law like a suggestion. The basic wage and hour rule is supposed to be straightforward: if an employee works more than 40 hours in any week, the employer generally must pay overtime at one-and-a-half times the regular rate. That is the deal. That is the bargain. That is why wage and hour protections exist.
And then, like clockwork, comes the corporate magic word: “You’re exempt.”
In Bumgardner v. Forensic Pathology Services, P.C., No. 25-10673, 2026 WL 366379 (11th Cir. Feb. 10, 2026), six former forensic death investigators claimed their employer violated the FLSA by refusing to pay overtime. These employees responded to scenes of sudden or non-natural deaths in Gwinnett County, Georgia. They photographed evidence, interviewed witnesses, examined bodies, gathered information from families, and wrote reports that became part of the official medical examiner file. Carol A. Terry, who served as chief medical examiner and CEO of Forensic Pathology Services, relied on them as her “eyes and ears.”
The employer did not deny the investigators worked long hours. Instead, the employer argued it did not have to pay overtime at all because the investigators fell within the administrative exemption. The theory was clever in the way only a wage and hour defense can be: because investigators first determined whether a death fell within statutory jurisdiction under Georgia law, their work was “legal and regulatory compliance.” And if their work was compliance, the employer argued, they were administrative, exempt, and not entitled to overtime.
A jury agreed. The United States Court of Appeals for the Eleventh Circuit did not. The Eleventh Circuit Court held flatly: “Defendants are mistaken.” The Court concluded that the investigators were performing the company’s core service — death investigations — not managing or servicing the business itself. Because the administrative exemption defense was the only basis for the verdict, the Eleventh Circuit Court of Appeals reversed, vacated the judgment, and sent the case back.
If your employer has ever told you your overtime vanished because of a technical label, this case is a reminder that Wage Theft often shows up wearing a name tag that says “exempt.”
When Does The Administrative Exemption Apply Under The FLSA To Block Overtime Pay?
The administrative exemption is one of the most misunderstood parts of wage and hour employment law. Employers talk about being exempt the way people talk about being a “morning person.” But this is not personality. It is a legal defense, and the employer has to prove it.
Under 29 C.F.R. § 541.200(a), an employee qualifies for the administrative exemption only if three requirements are met. First, the employee must be paid on a salary or fee basis at or above the regulatory salary threshold. Second, the employee’s “primary duty” must be “the performance of office or non-manual work directly related to the management or general business operations of the employer.” Third, the primary duty must include discretion and independent judgment on matters of significance.
That second prong is where the wheels usually come off.
The Eleventh Circuit Court of Appeals has emphasized that an employer must prove every part of the test. In Fowler v. OSP Prevention Group, Inc., 38 F.4th 103 (11th Cir. 2022), the Eleventh Circuit Court of Appeals held that “a defendant must satisfy each of these prongs to show that the exemption applies.” One missing element means the employee is not exempt, and overtime must be paid under the FLSA.
In Bumgardner, the Eleventh Circuit Court of Appeals held that the investigators’ work “doesn’t directly relate to the ‘management or general business operations’” of the employer. That holding alone defeated the administrative exemption.
Wage and hour law cares about duties, not job titles. If an employer cannot connect the employee’s primary duty to management or general business operations, the administrative exemption does not apply, and unpaid overtime becomes Wage Theft.
Practical Tip: If an employer claims you are exempt from overtime, ask what part of your job functions as truly administrative business operations. If the answer is vague, it is time to call a wage and hour attorney.
Best Overtime Pay Lawyer Blogs on Point:
Is It Wage Theft When Employers Twist The Administrative Exemption?
Here is the move employers love: rebranding.
In Bumgardner, Forensic Pathology Services, P.C. argued the investigators were doing “legal and regulatory compliance.” Why? Because they had to determine whether a death fell within statutory jurisdiction before proceeding. The employer presented that as the key to the administrative exemption.
The Eleventh Circuit Court of Appeals rejected that hard. The Court held that the argument stretched “legal and regulatory compliance” “far past its breaking point.” That is the Court calling out a wage theft tactic in judicial English. The Eleventh Circuit Court of Appeals also held that if simply following the law made someone administrative and exempt, then “huge swaths of the American workforce would be subject to the FLSA’s ‘administrative’ exemption.” In other words, wage and hour protections would become a museum exhibit.
Then the Court delivered the perfect analogy: “Every worker must take care to ensure he complies with the law. But a delivery driver doesn’t become a ‘legal compliance’ employee when he stops for a red light.” That holding matters because employers constantly confuse “obeying rules” with being administrative.
When an employer twists the administrative exemption this way, unpaid overtime becomes Wage Theft with a corporate memo stapled to it.
Practical Tip: If your employer says you are exempt because you follow regulations, do not take that as gospel. A wage and hour lawyer can tell you whether this is just wage theft.
Best Wage Theft Attorney Blogs on Point:
How Does The Production Employee Rule Protect Workers From Wage Theft?
The FLSA draws a line: employees who run the business versus employees who do the business.
In Fowler, the Eleventh Circuit Court of Appeals held that production employees “perform the core function of the business,” while administrative employees are involved in “running [the] business.” That distinction protects overtime rights.
Applying that rule, the Eleventh Circuit Court of Appeals held that the investigators’ “factfinding helped produce FPS’s core ‘product’ of death-investigation services.” These employees were not back-office support. They were delivering the service the employer sold.
The Court held again that the administrative exemption “doesn’t apply to line-level ‘production’ employees who produce the goods or services that the business offers.” That is the firewall against Wage Theft by misclassification.
If employers could label frontline workers exempt simply because their work matters, wage and hour law would collapse. The production rule keeps the FLSA real.
Practical Tip: If you are doing the core service your employer provides, you may not be exempt. An employment law attorney can help enforce your overtime rights.
Best FLSA Law Firm Blogs on Point:
What Damages Are Available Under The FLSA For Wage Theft?
The case is now going back down for determination of damages because the Eleventh Circuit Court of Appeals reversed the administrative exemption defense. That is where wage and hour cases stop being theoretical.
Under the FLSA, an employee can recover unpaid overtime — generally one-and-a-half times the regular rate for every hour over forty. That is back pay.
But the FLSA often allows liquidated damages, meaning the employee can recover an equal additional amount. Wage Theft can double quickly, which is exactly the point.
The law also requires the employer to pay reasonable attorney fees and costs if the employee wins. That matters because wage and hour claims only work if employees can hire a lawyer to take on an employer who insists the worker is exempt.
The damages structure is designed to make wage theft expensive.
Practical Tip: Track your hours and pay. In FLSA wage and hour litigation, proof drives damages.
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How Do Employees Fight Back Against Wage Theft And Unpaid Overtime?
When an employer denies overtime by claiming you are exempt under the administrative exemption, it is easy to feel boxed in. Wage and hour employment law is technical, and employers use that complexity to commit wage theft.
That is why the best next step is calling an experienced wage and hour attorney. Spitz, The Employee’s Law Firm is one of the largest firms in the United States dedicated to employee rights. We offer free consultations and a no-fee guarantee. Our lawyers know the FLSA, know the administrative exemption, and know how to hold employers accountable for unpaid overtime and wage theft. If your employer is calling you exempt to avoid paying what you earned, call Spitz today. The best wage and hour results come from having the best team in your corner.
Employment Lawyer Disclaimer
This wage rights blog provides general information about employment law, the FLSA, wage and hour rules, overtime, the administrative exemption, exempt classifications, and Wage Theft, and it is not legal advice for any specific employee or employer situation. Reading this blog does not create an attorney-client relationship with Spitz, The Employee’s Law Firm or any attorney or lawyer at the firm. Every wage and hour case is different, and if you believe your employer has denied overtime pay, wrongly classified you as exempt, or engaged in Wage Theft, you should consult a qualified employment law attorney for advice based on your specific facts. No promises or guarantees are being made about the outcome of any claim, and this blog is a legal advertisement intended for educational purposes only.