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Exemptions From Overtime Laws

Exemptions From Overtime Laws

Man cutting wood with a circular saw

How many of you work late into the night? Do you get compensated for the extra hours? These are some of the employment issues that arise in various organizations. However, today you can get legal representation from experienced employment attorneys such as UELG. But first, it is important to understand what exemption from the overtime laws mean. For better understanding, one should get acquainted with the following terms:

  1. Overtime

Overtime is the extra working hours beyond the normal working hours. The normal working hours depend on various factors, for instance:

  • Agreement between the employer and the employee on the working hours
  • The profession or trade e.g. Doctors, Engineers, Nurses, Drivers, Teachers, Lawyers, among others.
  • Legislation; the labor or employment laws
  1. Labor laws

Labor laws are present in every state or country. It is essential as it helps prevent disputes among workers and employers. An employer may decide to force his or her employees to work extra hours without compensating them. Alternatively, the law considers other factors such as health of the employees. This ensures productivity as it preserves the health of workers.

Exemption from overtime laws

With all that said, the concept of overtime can now be explained. First, if you work for longer hours, your employer should pay you. However, not all employees get compensated. When you get paid for the extra time, you are Non-exempt employee otherwise you are exempt employee. In other words, you are exempted from overtime pay. For more information, read through the following topics:

Affected employees

The labor law affects the executive, administrative, and professional employees. They further include the following;

  • Employees in the computer software field: If they are paid on hourly basis and they meet the requirements stated in the orders, they are exempted from the overtime laws.
  • Drivers: if you are a driver plus your working time is regulated by the U.S Department of Transportation Code of Federal Regulations, then you are exempted. Nevertheless, those drivers whose hours are regulated by the Title 13 of the California Code of Regulations are exempted as well. In addition, Taxi cab drivers do not enjoy the privileges of non-exempt employees.
  • Airline employees: Only those workers who work over 40 but not more than 60 hours during the work weeks due to changes not required by their employer but only at the request of the employee.
  • Announcers, News Editor or Chief Engineer working in a radio station with a population less than 25,000 people.

Other employees affected include:

  • Baby sitters especially under 18 years of age babysitting a minor in the employer’s house.
  • Those employees covered by a collective bargaining agreement.
  • Irrigators,
  • Sheepherders
  • Professional actors

Bottom line

There are legal institutions that deal majorly with employment issues. You can visit the United Employment Law Group for any assistance.


Photo Credit: Shutterstock/Zoran Orcik

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