FLSA

Reggie · May 2001

Is every employee, including administrative positions, whom is paid an hourly rate, not salary, covered under the FLSA?

System · May 2001

Licensed doctors, lawyers and teachers are excluded from the salary requirements of FLSA. Thus, in effect, you can pay them anyway you want: salaried or hourly, and straight time over time or time-and-a-half over time or more. Take a look at Section 541.314 of the Code of Federal Regulations, volume 29.

Stewart · May 2001

What impact does FLSA have on an employer sponsored remedial education program

System · May 2001

Take a look at Section 778.603 of the Code of Federal Regulations , voluyme 29. You can find it on the DOL website under "Laws and Regulations." It provides that for "remedial educaiton" up to 10 hours per week may be allowed without it going toward overtime consideration as long as the education is NOT related to specific job requirements and IS for 1) 8th grade or under level (for emplyees who don't have 8th grade education) or 2) for obtaining GED requirements. requirements. Regular compensation, however, would have to be paid.

CuriousG · May 2001

The FLSA is a complex law, that covers a number of issues. Simply asking if an employee is "exempt from the FLSA" is akin to an Prosecuting Attorney asking a Defense Witness if he still beats his wife. How do you answer the question correctly?

Every employee is covered by the FLSA. There are numerous exemptions to individual provisions of the FLSA, such as the overtime provisions. However, some, such as the minimum wage exemptions, are very stringent. Others, like the exemptions to overtime premium payments, are more broad.

Bona fide Administrative Personnel are covered by the minimum wage provisions of the FLSA. However, they are exempt from the Overtime Premium Payment requirements of the Act. Professionals (like doctors, lawyers, and teachers) likewise qualify for an Overtime Exemption, however they still must be paid at least minimum wage.

russell · May 2001

Although commercial truck drivers are subject to the FLSA to the extent they must be paid minimum wage, they are exempt from the overtime provisions. This also applies to most mechanics and several others directly related to ensuring the safety of interstate transportation. The DOT has other requirements.

FLSA

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