Employers have the burden of proof to prove by clear and convincing evidence that an employee fits into an exemption, relieving the employer of having to pay overtime. For example, if an employer claims that an executive secretary fits within a FLSA exemption, the employer must show that the employee performed managerial and administrative duties, as opposed to mostly clerical duties. If an employee performs primarily clerical duties and secretarial work, a jury may find that the employee was entitled to overtime pay.