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Are my employees exempt from the FLSA?

If you run your own business, you're probably aware that the Fair Labor Standards Act (FLSA) governs overtime pay, minimum wage and child labor standards. However, the ins and outs of the FLSA can make it a bit confusing to interpret. For example, you may be wondering when you have to start paying overtime or, depending on the business, whether your employees are even subject to the FLSA.

These are important questions to answer because noncompliance could result in penalties. So, let's take a look at some of the basics. The majority of workers in the U.S. do get protections from the FLSA, meaning they must be given the current minimum wage and paid overtime when they work over 40 hours in one week. 

However, there are some conditions under which your employees would be considered exempt. First, if they make $455 or more a week or $23,600 every year. Also, if the employee is paid a set salary. There are some other conditions as well:

  • If the employee has managerial supervision over at least two employees and is in a position to hire, fire or give assignments.
  • If the employee works in a highly skilled field such as teachers, lawyers, physicians and nurses.
  • Some administrative positions like human resources, public relations and accounting are also exempt.

Staying compliant with the FLSA isn't always easy. That's why it might be a good idea to speak with an employment law attorney who can help you make sure you're on the right side of the law.

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Kisner Law Firm, LLC
Gulf Tower
707 Grant St., Suite 2646
Pittsburgh, PA 15219
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Phone: 412-208-4263
Fax: 412-235-6704

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