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On August 23, 2004, controversial changes to exemptions from the FLSA's minimum wage and overtime requirements went into effect, making substantial modifications to the definition of an "exempt" employee. Low-level working supervisors throughout American industries were reclassified as "executives" and lost overtime rights.
FLSA: The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees. FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file ...
To be exempt as an HCE, an employee must also receive at least the new standard salary amount of $913 per week on a salary or fee basis and pass a minimal duties test. [ 33 ] Although the FLSA ensures minimum wage and overtime pay protections for most employees covered by the Act, some workers, including bona fide EAP employees, are exempt from ...
Expert analysis of the criteria for determining an employee’s exempt classification under state law. Failure to properly classify an employee can be a costly oversight for employers.
According to the FLSA, unless exempt, employees are entitled to receive overtime pay of at least "time-and-a-half", or one and one-half times normal pay, for all time worked past forty hours a week. Some exemptions to this rule apply to public service agencies or to employees who meet certain requirements in accordance to their job duties along ...
Section 13(a)(1) of the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. [2] In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.
FLSA 1938 §203(s) explicitly exempts establishments whose only employees are close family members. [123] Under §213 the minimum wage may not be paid to 18 categories of employee, and paying overtime to 30 categories of employee. [ 124 ]
Under the Act, non-compete agreements are not enforceable against employees 18 or under; school-enrolled undergraduate or graduate students (whether paid or unpaid or interns or employees); employees considered nonexempt under the federal Fair Labor Standards Act (FLSA); or low-wage employees, defined as those with annual earnings not greater ...
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