Exemptions under Fair Labor Standards Act (FLSA)
1. Computer Workers: Programmers, software engineers, designers, and developers who make at least $684 a week or $27.63 an hour are exempt from the applicability of FLSA.
2. Volunteers or Independent Contractors: They are not regarded as employees. This move to the so-called gig economy and the rising reliance of businesses on contractors and freelancers to fill employee roles have brought this carve-out for independent contractors to light.
3. Office Workers: Many full-time office workers, such as executives, administrators, and professionals, are not protected by FLSA regulations, even in companies that are FLSA-covered. (With a few exceptions.) A weekly income of at least $684 is required of exempt employees. Executives have the power to recruit, dismiss, and promote people in addition to their primary responsibility of managing at least two others. Administrators operate independently and directly for management, handling office and non-manual tasks. Professionals are those who operate primarily with their minds and need high levels of skill, creativity, or knowledge.
4. Outside Salespeople: These are individuals who work largely on commission and are employed occasionally away from the employer’s headquarters.
5. Seasonal Employees and Those From Non-Typical Industries: Employees in seasonal amusement or recreational businesses, apprentices, small-scale farmers, workers on foreign vessels, employees of newspapers with a circulation of less than 4,000, personal companions, caregivers for senior citizens, and casual babysitters are among the occupations that are exempt from some FLSA provisions.
6. Those Protected by Additional Labor Laws: Truck drivers are covered by the Motor Carriers Act, while railroad employees are overseen by the Railway Labor Act.
Fair Labor Standards Act (FLSA): Mechanisms, Exemptions & Violations
The Fair Labor Standards Act (FLSA) is one of the most crucial laws for employers and employees to comprehend and has seen several revisions over time. The act shields employees from several forms of unjust compensation. The FLSA establishes labor laws, such as minimum wage standards, overtime compensation requirements, and restrictions on child labor. The Fair Labor Standards Act (FLSA), which was introduced in 1938, lays out a wide range of restrictions for individuals who are hired, whether they are salaried workers or paid on an hourly basis.
Key Takeaways
- Employees are safeguarded against unjust employment practices under the Fair Labor Standards Act (FLSA).
- The FLSA stipulates a minimum salary, when overtime is due, and when employees are deemed to be on the clock.
- Under the FLSA, there are two categories of employees which are exempt employees or nonexempt employees.
- Employers that participate in interstate commerce or whose yearly sales exceed $500,000 are subject to the Fair Labor Standards Act (FLSA).
- The Fair Labor Standards Act (FLSA) prohibited child labor and has since been amended to forbid wage discrimination based on age and gender.
Table of Content
- Mechanisms of Fair Labor Standards Act (FLSA)
- Exemptions under Fair Labor Standards Act (FLSA)
- Violations of Fair Labor Standards Act (FLSA)
- What is Fair Labor Standards Board?
- Conclusion
- Fair Labor Standards Act: FAQs