Employees are the lifeblood of any company. A history of employers exploiting their employees has resulted in the federal government stepping in to establish basic guidelines to protect employees' right. These guidelines are referred to collectively as the Fair Labor Standards Act (FLSA).
Some types of employees are exempt from overtime provisions contained within the FLSA. Understanding these exemptions will allow you to better protect your rights in the workplace in the future.
If you are a commissioned employee, you may not enjoy the same protections as full-time employees under the FLSA. Businesses who rely on commissioned employees are not required to adhere to the overtime regulations set forth by the federal government.
This is because commissioned employees sign a contract agreeing to work for a set wage. Overtime compensation, if not explicitly included in the employment contract, is not mandatory.
Another group of employees who are exempt from overtime coverage under FLSA are care workers. These types of workers can be found in hospitals, care facilities, firehouses, or police stations.
Overtime exemptions for these employees can be partial or full, depending on the terms of the employment contract signed by both employee and employer. Employers of live-in care workers are typically fully exempt from overtime payment requirements because of the nature of the employment arrangement.
Many companies rely on seasonal sales to help fund business operations throughout the rest of the year. Additional employees are hired during busy months to help support full-time staff. These seasonal employees are viewed differently in the eyes of the federal government.
Many seasonal employees are not entitled to receive overtime pay, so companies do not schedule them for overtime hours.
The federal government categorizes large and small newspapers differently when it comes to wage requirements. Larger newspapers must pay their employees overtime when work hours extend beyond a typical work day.
Smaller newspapers are often located in rural areas and have access to fewer resources. This means that the likelihood of employees at a smaller paper working overtime is much more likely. The federal government provides exemptions to small papers to help conserve funds. This exemption extends to newspaper delivery employees as well.
Violations of the FLSA are serious. Even employees working for companies that fall under exempt categories can be entitled to overtime if the circumstances are right. An experienced FLSA attorney will be able to help you evaluate your unique situation to determine if your employee is following FLSA guidelines.