How The Fair Labor Standards Act Exemptions Should Be Applied

By Marissa Velazquez


The fair labor standards act exemptions are put forward to protect employees from unfair pay deductions, which may be made on their salaries. There are various provisions, which are governed by this law, and they include minimum wage, child labor, overtime, record keeping, and sex based differences in wages among employees. Three tests are applied in regard to these regulations and they include salary level, salary basis, and duties performed.

Their salaries cannot be reduced even if one performs less amount of work or works less hours in a day. Workplace conflicts can arise where employees they are being subjected to unlawful deduction in their pay. This can lead to serious consequences including strikes and legal prosecutions.

In the third test, which is job duties, the workers are required to meet all the criteria that are outlined in exemptions such as administrative duties, executive job, education establishments, computer related jobs, and learned as well as artistic professionals. Some of the positions, which qualify for the exemptions under the computer test, are such as computer programmers and software engineers.

If an exempt worker absents from work for a day or more on grounds that are not clearly understood by the company, reductions can be made on their salaries. If an employee absents from work on personal reasons, which do not qualify for vacation time or sick leave, then the act allows permission on reductions to be made on the salary of such employees.

It requires an employee to have worked more than 40 hours in a workweek in order to be entitled for overtime and proper record keeping is needed to remain complaint with this law. Workers who are exempted from this law should meet three tests, which are namely salary level, salary basis, and jot duties. It is important that employers and employee understand these kinds of regulations to avoid conflicts of interest.

Exempt employees based on salary levels are required to routinely receive full salary for a week they have performed work and this is regardless of the days and number of hours worked. Nonetheless, if the workers do not perform work in any workweek, they are not paid for that duration. In addition, there are exceptions to this salary basis exemption.

One exception is that the employer may fail to pay for work if an employee absents himself or herself for one or more full workdays on personal reasons, which are outside sickness or disability. The same also applies if the worker has already exhausted all the vacation time he is entitled. This exception applies if the employee has exhausted the requested leave days without pay, otherwise partial days are entitled for full pay.

Overtime is perceived as the time an employee works more than 40 hours during one workweek. Employees and employers alike are required to keep record of the working schedules and time in order to remain compliant. With proper understanding and adherence to regulations governed by the fair labor standards act exemptions, employers and employees are able to come into common agreements and avert conflicts.




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