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Fair Labor Standards Act. What is the Fair Labor Standards Act (FLSA)?. What Are the FLSA’s Major Provisions?. Who’s Covered? Non-Exempted Employees. If you answered YES to these questions, they’re an employee and unless otherwise exempted, are subject to FLSA regulations.
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Fair Labor Standards Act What is the Fair Labor Standards Act (FLSA)?
Who’s Covered? Non-Exempted Employees If you answered YES to these questions, they’re an employee and unless otherwise exempted, are subject to FLSA regulations
Who is entitled to overtime? Every employee will fall into one of these two categories, but only Non-Exempt employees are entitled to overtime!
FLSA Exemptions • Under the FLSA all employees are considered Non-Exempt unless they meet the criteria in one of the “White Collar” Exemption Tests. • The FLSA exemptions apply to both Minimum Wage and Overtime. • “White Collar” Exemption Tests: • Executive Employees • Administrative Employees • Learned/Creative Professionals • Computer Professionals • Outside Sales • Highly Compensated Employees
Qualifying for a “White Collar” Exemption 1. Be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (“salary basis test”) AND 2. Be paid equal to or more than a specified salary threshold (the “salary level test”) AND 3. Primarily perform executive, administrative, or professional duties as provided in the DOL’s regulations (the “duties test”)
Exemption “Duties” Tests ALL exempt positions MUST meet the weekly minimum salary of $455!!!
Exemption Tests – Continued ALL exempt positions MUST meet the weekly minimum salary of $455!!!
Useful Links and Additional Training Material • Following are links to FLSA and Time and Attendance tutorials, training and resource guides.
Common employee concerns about their FLSA status changing to Non-Exempt