Exempt or Not: Am I protected by the FLSA?

Ohio employees have various rights under both Ohio laws and the federal Fair Labor Standards Act (FLSA). Under the FLSA, significant employee rights violations occur when an employer wrongly classifies the employee as FLSA-exempt. Exempt employees do not benefit from many of the FLSA’s provisions.

WHEN IS AN OHIO EMPLOYEE EXEMPT UNDER THE FLSA?

According to 29 U.S.C. § 213, the following types of employees are among those who may be considered exempt:

• Those in certain professional, administrative, or executive roles, including teachers and academic administrative personnel in elementary and secondary schools
• Outside sales employees
• Employees in certain computer-related occupations
• Employees of certain seasonal amusement or recreational companies
• Employees of certain small newspapers
• Employees of fishing operations
• Newspaper delivery employees
• Some farmworkers
• Casual babysitters
• People who work as companions to the elderly or ill

The above types of employees may be exempt from both the minimum wage and overtime requirements of the FLSA. But many other types of employees are fully or partially exempt only from overtime requirements.

SO, YOUR EMPLOYER HAS DECIDED YOU ARE EXEMPT UNDER THE FLSA. BUT IS YOUR EMPLOYER RIGHT?

It makes sense to think about this issue carefully. If you are classified as exempt, in most cases your employer does not have to pay you overtime if you work over 40 hours in a week. If you are non-exempt, your employer does. And your employer is the one who makes the call.

Whether your employer has decided you meet one of the administrative, professional, executive, outside sales, or other exemptions found in 29 U.S.C. § 213, it makes sense to contact a wage and hour attorney to see if the law agrees. Even if you are non-exempt, your employer may be encouraging you not to mark down more than 40 hours in a week despite the realities of your work time. Either way, consulting with an attorney can help you determine whether or not your employer is in compliance with the law.

Remember that whether or not any employee meets an exemption will turn on the specific facts in the case. Scott & Winters Law Firm, LLC, welcomes you to contact us to learn more about your status under the FLSA and whether your rights have been violated.