Recipe for Disaster: Properly Classifying Executive Chefs as Exempt or Non-Exempt Under the FLSA

Do Not Assume that the Creative Professional Exemption Covers Your Executive Chef

In recent years, the number of wage and hour lawsuits filed in federal court has steadily increased and the trend is likely to continue in the wake of the DOL’s proposed amendments to the regulations establishing white collar exemptions to the FLSA’s minimum wage and overtime requirements.  So the time is ripe for employers to assess whether their workers are appropriately classified as exempt or non-exempt under the FLSA. 

One position of particular concern for employers operating senior living or long-term care communities is the Executive Chef.  With the popularity of television cooking shows and celebrity chefs who transform exotic ingredients into mouth-watering dishes that look like priceless works of art, it is often assumed that Executive Chefs necessarily fall well within the parameters of the creative professional exemption. That assumption, however, could land employers in hot water. 

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