Who is exempt from flsa laws

The hours that are worked include all the time during which an employee must be on the premises of the employer, or on duty or at some other workplace prescribed by the employer or its agents. The FLSA rules are set out on official posters that must be displayed in the workplace so that employees know their rights. Moreover, employers must maintain time and pay records for all employees.

It is acceptable for an employer to ask an independent contractor, as opposed to an employee, to keep track of his or her own time. The FLSA provides the most extensive child labor provisions of any federal or state law. It sets 14 years of age as the minimum age of employment, but it restricts both hours and the type of occupations that minors may work. Minors may not work in conditions that are detrimental to their health or safety. For example, people under age 18 may not work in any hazardous industry, including mining, excavating, operating power-driven equipment, or manufacturing explosives.

Last reviewed October Employment Law Contents. Under the Fair Labor Standards Act: You are not allowed to work in any jobs that are considered hazardous If you are 17 or 18 you may work unlimited hours in any non-hazardous job 14 and 15 year olds can work only three hours a day on a school day and no more than 18 hours a week while school is in session.

Employment Law. Employment Discrimination and Harassment. Fair Labor Standards Act. Misclassifying Employees as Independent Contractors. Meal Breaks and Wage Rights. The Department of Labor has tagged a number of problems that commonly come up relating to the exemption for executive, administrative, and professional workers. The top contenders include workplaces in which:.

Typically, an exempt salesperson will be paid primarily through commissions and will require little or no direct supervision in doing the job. And, under the law, outside sales do not include those made by mail, by telephone, or over the Internet.

If you work in such circles, you may well know who you are. But the law specifically requires that an exempt computer specialist's primary work duties must involve:. Several other types of workers are exempt from the minimum wage and overtime pay provisions of the FLSA.

The most common include:. An apprentice is a worker who's at least 16 years old and who has signed an agreement to learn a skilled trade. Apprentices are exempt from the requirements of the FLSA. But beware that your state may have a law limiting the number of hours you can work as an apprentice.

State law may also require that, as an apprentice, you must be paid a certain percentage of the minimum wage. Check with your state labor department for more information. The FLSA covers only employees, not independent contractors, who typically are hired to work on specific projects.

However, whether a person is an employee for purposes of the FLSA generally turns on whether that worker is employed by a single employer.

The FLSA was passed to clamp down on employers who cheated workers of their fair wages. As a result, employee status is broadly interpreted so that as many workers as possible come within the protection of the law. If nearly all of your income comes from one company, a court would probably rule that you are an employee of that company for purposes of the FLSA, regardless of whether other details of your work life would appear to make you an independent contractor.

In early cases determining close questions of employment status, most courts found workers to be employees rather than independent contractors, and the scales remain tipped that way. Key facts cited by the courts: The relationship appeared to be permanent, the workers lacked bargaining power with regard to the terms of their employment, and the individual workers were economically dependent upon the business to which they gave service. But workers' skills and pay level can push courts to the opposite conclusion.

Some courts are more likely to class workers with higher skills and higher pay as independent contractors rather than as employees. In three cases hailing from Texas, for example, three groups of workers—delivery service drivers, pipe welders, and topless dancers—all of which were classified as independent contractors, claimed they were really employees under the labor laws and so should be entitled to overtime pay.

The courts, apparently reasoning that making deliveries and welding pipes take more skill than dancing topless, held that the drivers and welders were independent contractors, but the dancers were employees.

Metzler v. Express Minutes Delivery , U. Sunland Constr. Circle C. Investments, Inc. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

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Monday through Friday, travel time during these hours is considered work time whether it occurs on a weekday, Saturday, or Sunday. Time spent in travel outside of regular work hours is not considered work time. How is overtime calculated for V-Class, part-time employees? V-class part-time employees shall be paid or receive compensatory time off at the straight-time rate for any hours the work over their appointment percentage, up to 40 hours.

They will be paid at one and a half times their hourly rate or in comp time off for all work over 40 hours in a week. How are payments calculated when temporarily filling in for a V-Class position? How is overtime paid with multiple appointments? University employees may hold more than one appointment.

There is no limit to the number of appointments an employee may hold either simultaneously or consecutively. Appointments can be held, simultaneously, in more than one employee group. Employees can simultaneously hold appointments in both exempt and nonexempt job classifications.

Generally the overtime and record-keeping provisions of the Fair Labor Standards Act do not apply to employees working in exempt job classifications. However, overtime and record-keeping provisions apply when an employee simultaneously holds appointments in exempt and nonexempt job classifications. The Multiple Appointments Within and Across Employee Groups matrix explains overtime pay requirements for employees with multiple appointments.

Do technical consultants get overtime pay? Technical consultants job code are not eligible for time and a half. This exempt classification is not covered by the Civil Service rules. Does on-call time count for overtime? However, a different base pay rate, not lower than the federal minimum wage, may be established for on-site, on-call hours. Does paid time off count for overtime?