Who Is Exempt From The Fair Labor Standards Act?

by | Last updated on January 24, 2024

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Employees who perform office or nonmanual work and are paid total annual compensation of $100,000 or more

—which must include at least $455 per week paid on a salary or fee basis—are exempt from the FLSA if they regularly perform at least one of the duties of an exempt executive, administrative, or professional employee …

Who is subject to FLSA?

Generally, the FLSA applies to

employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more

, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.

Who is not covered by the Fair Labor Standards Act?

Employees at businesses with

fewer than two employees

.

Employees

at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commerce[i] Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)

Who is excluded from minimum wage?

Various minimum wage exceptions apply under specific circumstances to

workers with disabilities

, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.

Who did not benefit from the Fair Labor Standards Act 1938?

Though it did not cover

executives, seasonal employees, and some other groups

, the Fair Labor Standards Act gave raises to 700,000 workers, and US President Franklin Roosevelt called it the most important piece of New Deal legislation since the Social Security Act of 1935.

What are the 8 categories of exempt employees?

Requirements differ from state to state, but the FLSA (Fair Labor Standards Act) classifies exempt employees as anyone doing jobs that fall into these categories:

professional, administrative, executive, outside sales, STEM (Science, Technology, Engineering, and Math)-related, and computer-related

.

Can you describe Fair Labor Standards?

The Fair Labor Standards Act (FLSA)

establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees

in the private sector and in Federal, State, and local governments. … There is no limit on the number of hours employees 16 years or older may work in any workweek.

What is the 8 44 rule?

According to Alberta’s Employer Standards Code (ESC),

overtime is defined as all hours worked over 8 hours a day or 44 hours a week, whichever is greater

. This is known as the 8/44 rule. Overtime hours and overtime pay are two of the top concerns for employers and employees in Alberta.

What are FLSA requirements?

The FLSA requires that most employees in the United States be paid at

least the federal minimum wage for all hours worked

and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

What is the FLSA minimum salary?

The FLSA currently states that employees with a minimum salary of

at least $455 per week ($23,660 per year)

and whose duties meet one or more of the “duties tests” are considered exempt from eligibility for overtime pay.

Will my pay go up if minimum wage increases?

For wage earners,

an increase in the federal minimum wage

could be good news. It would mean that employee pay rates could better keep up with the ever-increasing cost of living, and the boost for low-wage workers would likely trickle through the business and positively impact other employees too.

What state has lowest minimum wage?

The two states with the lowest minimum wage are Georgia ($5.15) and

Wyoming ($5.15)

. However, employers in Georgia and Wyoming who are subject to the Fair Labor Standards Act must still pay the $7.25 Federal minimum wage.

Can employers pay less than minimum wage?


It is illegal for California employers to pay employees less than the minimum wage

. If your employer violates minimum wage laws, you can recover the money you are owed by way of a labor board complaint a wage and hour lawsuit.

Who benefited from the Fair Labor Standards Act?

The Fair Labor Standards Act is beneficial because it ensures reasonable work hours for

employees

, especially for young workers. Youth workers younger than age 16 have special limitations on the amount of time they are allowed to work on school days as well as non-school days.

How successful was the Fair Labor Standards Act?

The Fair Labor Standards Act

succeeded in improving labor standards and actual working conditions

, a result that continues to better the daily lives of millions of working Americans.

Why is Fair Labor Standards Act important?

The FLSA

regulates the minimum amount of money that employers are allowed to pay their non-exempt workers

. These rules are important because they ensure that workers understand the minimum amount of money that they are guaranteed to earn.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.