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What employees are exempt under the FLSA?

| Jun 17, 2020 | Labor Law |

New York residents like you should know about the Fair Labor Standards Act. Also called the FLSA, this act governs certain aspects of your work. It helps protect worker’s rights and safety.

But some employees are exempt under the FLSA. Others are non-exempt. It is important to understand where you fall between these two categories.

Non-exempt employees under FLSA

The New York City Bar discusses the Fair Labor Standards Act. In it, they talk about exempt and non-exempt employees. They point out that in fact, most hourly employees are non-exempt. What does this mean? It means your employer must pay you minimum wage plus overtime for any work you do over 40 hours. Under FLSA, you get time and a half. This goes for every hour of overtime you work. If you end up categorized as an exempt employee by accident, what happens? You can actually file FLSA overtime claims. This can help you get back your missing payments.

Exempt employees under FLSA

Exempt employees unfortunately do not enjoy the protections the FLSA offer. Airline employees and outside sales staff can fall into this group. If you do not fall under certain types of exempt employment, what then? You must fulfill three requirements first. You must get paid a base of $23,600 a year. You must perform exempt job duties. You must get paid by salary rather than by the hour. But salary requirements do not apply to professions that get hourly pay. This may include school teachers and physicians.

If you do not fall under those categories, you may be nonexempt. This means you can reap the benefits offered by FLSA.