Dol issues proposed revisions to flsa overtime exemption. S department of transportation code of federal regulation, title 49, sections 395. Under certain prescribed conditions, a state or local government agency may give compensatory time, at a rate of not less than one and onehalf hours for each overtime hour worked, in lieu of cash overtime compensation. Fair labor standards act flsa proposed rule change hr connect. The driver of the vehicle must be compensated as driving is work time. New york limo driver exempt from overtime under motor. Employee drives to the airport to attend a seminar and has two coworkers as passengers with him. A new minimum salary level to qualify for the white collar exemption standard salarylevel test, which is set at the 40th percentile of weekly earning for fulltime salaried workers. The federal statute that establishes minimum wages, overtime pay, record keeping and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state and local governments. Among other things, it establishes the minimum wage and overtime pay, affecting employees in the private and government sectors. Fair labor standards act flsa overtime the online wages. The fair labor standards act flsa sets minimum wage, overtime pay, recordkeeping, and child labor standards for employment. Flsa frequently asked questions uni human resource services. This means that an employer must pay employees who work on small vehicle overtime for all hours worked over 40 in a workweek, as required by the flsa.
How you classify employees under the flsa is critical. Learn about special issues in applying the flsa to police and fire employees such as the option to define an extended workweek, flsa application to small departments, different ceilings on accrual of compensatory. Bigtown treats him as being exempt from the federal fair labor standards acts minimumwage and overtime requirements, and toms actual duties and responsibilities as a fulltime employee clearly meet all of the requirements for the flsas executive exemption. Hours worked under the fair labor standards act flsa this fact sheet provides general information concerning what constitutes compensable time under the. Coverage under the fair labor standards act flsa special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by sections a1 of the flsa as defined by regulations, 29 c.
Only drivers, drivers helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the flsa under section b1. The fair labor standards act flsa is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Minimum rate of compensation for employment in excess of. The fair labor standards act is administered by the wage and hour.
Under federal law, all employees are entitled to overtime pay unless exempt. The dols proposed rulemaking sets forth three key proposed changes to the current flsa regulations. The fair labor standards act flsa establishes minimum wage and overtime pay standards for employees. When an employee is moved to a lower pay grade compensation and number of days become consistent with the new pay grade either by voluntary request or in the best interest of the district.
Motor carrier overtime exemption flsa employment law handbook. Dol drives down the flsas motor carrier exemption wage. Most departments use work periods that are multiples of seven. If the trip is made before or after normal work hours, only the driver receives compensation as only the driver is working. New york limo driver exempt from overtime under motor carrier. Coverage under the fair labor standards act flsa special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. We have represented numerous employees in overtime related claims.
An employee who meets the requirements of the flsa exemption, and does not earn overtime or comp time when they work more than 40 hours in a workweek. The minimum salary threshold test for the whitecollar overtime exemption is changing. Hours worked under the flsa pdf recordkeeping under the flsa pdf compensatory time for public agency employees pdf visits to employers pdf additional fact sheets. Apr 10, 2012 home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. New york limo driver exempt from overtime under motor carrier exemption by noel p. Of course a school bus operator or a truck driver would be performing work during the trip, therefore, the entire trip would be compensable. All employees that hold positions determined to be covered under the mandatory.
Flsa exemption checklist compensation time savers on exempt employees. The dol assumes every work must receive overtime if they work over 40 hours in a week, at a rate equal to one and a half times their hourly rate at a minimum. We have previously covered some of the more commonly used overtime exemptions article. The dispatchers work an average of 42 hours per week. An employee as defined by the flsa exemption tests is exempt and is not subject to overtime or compensatory time. Hypothetical new 40th percentile cutoff of salaried wages in 2017 if all salaried workers below the 2016 cutoff were converted to hourly status. Home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. Gap hours compensatory time shall be taken within twelve months from the date the work is performed.
This edition of a matter of time is the second in a series of articles analyzing the flsas socalled whitecollar exemptions. The act requires that employees must receive at least the. Learn about special issues in applying the flsa to police and fire employees such as the option to define an extended workweek, flsa application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Compensatory time off is paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. An additional concern with the dols proposal is that it applies a national 40th percentile wage figure across the united states as a whole. Exceptions may be made for retirees who may need to exhaust vacation leave prior to retirement. Employees working under a collective bargaining agreement that limits hours worked to 1040 in any period of 26 consecutive weeks section 207b1. But some employees, because of the nature of their work, are considered to be exempt from. When do writers fall within the flsa creative exemption. If you have a question about your entitlement to overtime, call the overtime lawyers at herrmann law. Hours of work and overtime compensation north carolina. Registered or certified medical technologists who have successfully completed three academic years of preprofessional study in an accredited college or university plus a fourth year of professional course work in a school of medical technology approved by the council of medical education of.
If an employee doesnt fit in them, they must be paid minimum wage and overtime, right. Exemptions from overtime only texas workforce commission. Fair labor standards act flsa a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal. Jul 10, 2017 the next blue collar exemption to the flsa is the taxicab exemption. Chamberlain, kaufman and jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the federal fair labor standards act flsa. New jersey law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 2 times the employees regular pay rate for hours worked in excess of 40 in a workweek nj rev. As noted in the first edition of this series, which focused on the executive exemption see the executive exemption. He filed a collective action under the fair labor standards act flsa, claiming he was a nonexempt delivery driver and entitled to damages for minimum wage and overtime violations. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of.
Salary level test to be exempt, an administrative employee must earn a monthly salary equivalent to at least two times the state minimum wage for fulltime employment. Any employee working as a seaman may be exempt from overtime under the flsa. Remember that the department of labor considers an exemption from the overtime paycompensatory time requirements of the flsa to be the. The following categories of employees are exempt from overtime pay, but not from the minimum wage.
The taxicab exemption is one of the more straightforward exemptions to overtime pay under federal law. Hours of work and overtime compensation gap hours compensatory time shall be taken before any vacation or bonus leave. The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. The flsa is a federal law that establishes minimum wage, overtime pay, recordkeeping and youth employment standards for employees in the private sector and in federal, state and local governments. The flsas overtime pay provisions for law enforcement and. In this article we are going to cover the commonly misapplied overtime exemption known as the motorcarrier act. The fair labor standards act flsa of 1938 29 usc ch. Jan 23, 2018 in this article we are going to cover the commonly misapplied overtime exemption known as the motorcarrier act exemption. New jersey does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays although union contracts often require overtime pay for. Compensation manual socorro independent school district. Only governmental employers are allowed to use comp time under federal law, however, private employers may be able to do so under michigan overtime pay laws. Jun 27, 2009 the motor carrier exemption is found at 29 u.
The law covers minimum wage, overtime pay, hours worked, record keeping, and youth employment standards for employees both in the private sector and in federal, state, and local governments. The terms exempt and nonexempt refer to job classifications of employees and the exemption of certain job classifications from overtime pay and minimum wage requirements. The requirements of the flsas motor carrier exemption have been historically difficult to apply. The flsa requires that most employees in the united states be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and onehalf the regular rate of pay for all hours worked over 40 hours in a workweek. Fair labor standards act flsa proposed rule change hr. A significant difference between state and federal law is the ability to provide workers with comp time instead of paying overtime. In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. The new rules on may 18, 2016, the united states department of labor dol announced the final version of new standards revising the fair labor standards act flsa minimum wage and overtime requirements and establishing an implementation date for the updated regulations of december 1, 2016. Fair labor standards act exemptions overtime employment. The next blue collar exemption to the flsa is the taxicab exemption.
Motor carrier overtime exemption flsa employment law. Flsa overtime security advisor professional employees. Registered or certified medical technologists who have successfully completed three academic years of preprofessional study in an accredited college or university plus a fourth year of professional course work. The fair labor standards act flsa is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. Flsa exempt and nonexempt defined office of human resources. Nonexempt employees must account for all hours worked and all leave taken on their timesheet, while exempt employees account only for leave taken. The department of labor dol sets rules for when employers must pay overtime to employees. Title 29, part 785 of the code of federal regulations. The fair labor standards act is designed to insure that wage earners are compensated for overtime hours and provides. Section a1 and section a17 also exempt certain computer employees. To qualify for the administrative exemption, an employee must pass the salary and duties tests. The purpose of this supervisors guide to the fair labor standards act is to provide agencies with an overview of those aspects of the federal fair labor standards act of 1938 flsa, as amended, which are most commonly encountered in the course of business. However, section a 1 of the flsa provides an exemption from both minimum wage and overtime.
The regulations created to enforce those provisions span several hundred pages, so theres a lot of potential for misinterpretation and noncompliance. If the employee is the driver of the vehicle, the employee must be compensated as driving is work time. Department of labor the dol has narrowed its view of the motor carrier exemption the mce to the fair labor standards act the flsa, as set forth under 29 u. The fair labor standards act, administered by the wage and hour division of the u. Nonflsa compensatory time is overtime not required by the flsa. The flsa regulations allow law enforcement and fire departments to use the 207k exemption for work periods of any length between seven and 28 days, and to prorate accordingly the number of hours that must be worked before overtime kicks in. Part 541 and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. Executive, administrative, and professional fact sheets by exemption. According to the regulations promulgated under the flsa, compensatory time that is earned and accrued by an employee for employment in excess of a nonflsa requirement is considered other compensatory time.
1127 236 1400 1179 285 657 731 187 467 372 1326 1478 181 1472 1468 529 138 788 1516 581 215 1 1416 711 565 252 613 69 934 1493 1531 406 951 626 1260 1284 1493 1238 967