Nearly all American employees are protected by the Fair Labor Standards Act (FLSA), which establishes wage, hours, and child labor laws for most employers. However, there are certain rules in place that allow employers to bypass certain labor laws for “exempt employees”. But who can be an exempt employee? Read this blog or speak with a Wage & Hour Law Attorney in Atlanta, GA to learn more.
WHAT’S THE DIFFERENCE BETWEEN A NONEXEMPT EMPLOYEE AND AN EXEMPT EMPLOYEE?
Your exemption status is important because it affects whether or not you’re entitled to minimum wage or overtime pay according to the FLSA. The majority of employees are nonexempt, meaning they are legally required to earn a minimum income and overtime payment if they work more than 40 hours in one week. Meanwhile, the FLSA does not protect anyone that is considered an exempt employee. Some professions are automatically considered exempt based on the law, while other job types can be determined exempt based on job duties, salary status, and annual income. If you’re exempt from FLSA laws, you might be protected by employment laws for your specific profession.
AM I AN EXEMPT EMPLOYEE?
You might be wondering if you could be considered an exempt employee under the FLSA. There’s a long list of professions that are exemptions by law, but being an exempt worker doesn’t mean you lose all FSLA protections. Few occupations (like babysitters, fishermen, switchboard operators, farm workers, and federal criminal investigators) are exempt from both overtime and minimum wage laws. Some professions are even exempt from certain child labor laws, like newspaper delivery people and child performers.
Occupations automatically exempt from overtime laws include:
- Commissioned sales employees
- Movie theatre employees
- Airline employees
- Drivers and driver’s helpers
- Railroad employees
You could be considered exempt from FLSA laws for other reasons. For example, workers with disabilities are exempt from minimum wage laws. You could be considered exempt based on your job duties if you are also paid at least $35,568 per year on a salary basis. You could be exempt if you have an executive role, meaning you supervise two or more employees and have input into other employees’ job statuses. Jobs that require specialized training, like physicians or teachers, might also be exempt. Lastly, administrative roles might have some exceptions.
If you think your employee is paying you illegal wages or unfairly making you work overtime with no extra pay, you might want to speak with an experienced employment attorney to discuss your options. Nobody should be taken advantage of by their employer. That’s why Ben Barrett Law is here to fight for you! Contact us today for an initial consultation with a seasoned lawyer.
