FLSA Violations and Exemptions

Some employees are exempt from both the minimum wage and overtime pay requirements. However, many times employers misclassify employees under these exemptions and are in violation of FLSA laws. Listed below are the most common exemptions as outlined by the FLSA and the US Department of Labor.

Professional Employee Exemption
Professional employees' jobs require discretion and judgment. They typically have advanced degrees and use their education and training to perform their job responsibilities. People who qualify as professionals include: those working in the field of science and or learning, teachers, those that practice law or medicine, and artistic or creative employees.

Administrative Employee Exemption
An exempt administrator's primary responsibilities must involve meaningful office work related to the company's business operations. Also a majority of work time must be spent making decisions with minimal supervision.

Executive Employee Exemption
An executive employee must manage or direct the work of two or more full-time employees. Executives must also spend a majority of the time managing the company, a subdivision of the company or an entire department. This employee must also have the authority to hire, promote, fire or advance other employees.

Other Exempt Employees
The following are examples of employees exempt from the overtime pay requirements only as stated by the US Department of Labor:

• Certain commissioned employees of retail or service establishments
• Auto, truck, trailer, farm implement, boat, or aircraft sales persons employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers
• Auto, truck, or farm implement parts‑clerks and mechanics employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers
• Railroad and air carrier employees, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plan
• Announcers, news editors, and chief engineers of certain non‑metropolitan broadcasting stations
• Domestic service workers who reside in their employers' residences
• Employees of motion picture theaters
• Farm workers

If you think you have a claim involving a FLSA violation, call our overtime lawyers 1-877-248-8288 or, email us for a free consultation.