When it comes to federal labor laws, the variations between nonexempt employees and exempt employees can result in a lot of uncertainty for both employees and employers. Laws implemented by the federal Fair Labor Standards Act (FLSA) determine whether or not employees are qualified to minimum wage and/or overtime earnings for exceeding 40 hours in a workweek. Some positions are particularly excluded from the protection offered by these laws, including various types of agricultural employees, while other types of industries and employees, such as truck drivers, are protected by laws other than the FLSA. A large percentage of employees in the country, however, are protected by the FLSA and are categorized as either exempt or nonexempt workers in regards to earnings and overtime laws.
Do you or a loved one need more information about federal labor laws and how they apply to you? Our lawyers can help! Contact an employment law attorney in your area today to learn more.
Federal labor laws classify exempt employees (workers that are qualified to receive protection offered by the FLSA) as those who possess the following qualities:
- Is paid on a salary basis
- Is paid at least $23,600 annually (or $455 weekly.) The salary requirement does not concern specific professions that compensate on an hourly basis, including doctors and schoolteachers.
- Performs exempt occupational duties – these include executive job duties, administrative job duties and professional job duties
Most employees throughout the United States, especially ones who do not meet any of the above qualities, are classified as nonexempt workers. A nonexempt worker must be compensated the minimum wage in addition to overtime wages for any time worked that exceeded 40 hours in a given workweek. Under the laws enforced by the Fair Labor Standards Act, nonexempt workers are eligible to collect time and one-half of their normal earnings for each hour of overtime that they are on duty. Nonexempt employees that are incorrectly classified as exempt employees by their employer (this is not always intentional) or whose “off-the-clock” hours are not correctly accounted for and compensated, may file a claim for overtime wages with the U.S. Department of Labor. It is recommended to have a lawyer take care of this process on your behalf.
Do you have additional questions about federal labor laws and how local state laws affect you and your current crisis regarding overtime pay? Our lawyers can help! Contact a local employment law attorney today to get all your questions answered and obtain legal representation.