The Fair Labor Standards Act (FSLA) establishes a minimum legal working age, a minimum hourly wage that must be paid, and requires the payment of overtime pay for any employee who works more than 40 hours in a work week. Employers who fail to satisfy these requirements and provisions may be subject to an FSLA lawsuit. However, some employees are exempt from both of these provisions.
- Commissioned sales employees who earn more than half of their wages from commissions may be exempt from overtime. The employee must also average at least one-half times the established minimum wage for each hour worked.
- Computer professionals who earn at least $27.63 per hour are exempt from overtime.
- Drivers, driver’s helpers, loaders and mechanics who are employed by a motor carrier and whose duties affect the safety of operation of the vehicles in transportation of passengers, or property in interstate or foreign commerce are exempt from overtime.
- Executive, administrative, professional, and outside sales employees who are paid a salary are exempt from overtime.
- Farm workers who are employed on small farms may be exempt from both the minimum wage and overtime pay provisions.
- Salesmen, partsmen, and mechanics who are employed by automobile dealerships may be exempt from overtime.
- Seasonal and recreational establishment employees may be exempt from both the minimum wage and overtime provisions of the FSLA.
These are only the most common exemptions granted; there are a number of other employees that may be exempt from either the overtime or the minimum wage requirement of the FSLA.
If your company has been accused of an FSLA violation, you are responsible for proving that you have operated correctly under the law. Contact a qualified Illinois employment attorney today for help. We can help you make sure that all proper documentation is submitted correctly in order to meet your company’s burden of proof obligation in any FSLA case.