Positions exempt from overtime and minimum wage
Employee misclassifications are a common problem for employers that can lead to labor rights violations. If workers are classified as exempt from Fair Labor Standards Act (FLSA) provisions, they are not guaranteed overtime wages (time-and-a-half) or minimum wage. However, the FLSA has very strict requirements that employee's positions must meet to qualify for those exemptions.
The most common exemptions include workers in executive, administrative or professional positions. This is not determined by title or stature, but based on the types of duties they regularly perform on the job. Computer professionals and outside sales employees are also exempt.
However, there are less-known positions that are exempt those FLSA provisions as well, including seamen on foreign vessels and employees of fishing operations, newspaper delivery workers and certain seasonal workers for recreation and amusement establishments. Additionally, those who work at small farms, casual babysitters and home healthcare providers for the infirm and elderly are not owed minimum wage or overtime pay.
Employers that plan to classify workers as exempt should make sure they meet all of the requirements, or they could face penalties from the Department of Labor and be forced to pay back wages for employee attendance. Using a timeclock to record hours worked can help employers produce accurate documentation should their payroll practices ever be called into question.
The most common exemptions include workers in executive, administrative or professional positions. This is not determined by title or stature, but based on the types of duties they regularly perform on the job. Computer professionals and outside sales employees are also exempt.
However, there are less-known positions that are exempt those FLSA provisions as well, including seamen on foreign vessels and employees of fishing operations, newspaper delivery workers and certain seasonal workers for recreation and amusement establishments. Additionally, those who work at small farms, casual babysitters and home healthcare providers for the infirm and elderly are not owed minimum wage or overtime pay.
Employers that plan to classify workers as exempt should make sure they meet all of the requirements, or they could face penalties from the Department of Labor and be forced to pay back wages for employee attendance. Using a timeclock to record hours worked can help employers produce accurate documentation should their payroll practices ever be called into question.
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