The Fair Labor Standards Act established a broad right for workers to receive a minimum wage and overtime pay. The statute also has numerous exemptions to the right to overtime pay. While workers and employers are probably familiar with exemptions for executive, administrative, professional, computer, and outside sales employees, those are not the only ones. Identifying and understanding the breadth of all exemptions can be crucial to avoiding a FLSA violation. Talk to an experienced Atlanta wage and hour lawyer if you have any questions about FLSA exemptions or exempt versus nonexempt classifications.
In addition to the exemptions listed above, which Congress outlined in Section 13(a)(1) of the FLSA, further exemptions exist under Section 13(b)(1). Section 13(b)(1) exemptions pertain only to overtime compensation, whereas Section 13(a)(1) exemptions extend to overtime and minimum wage requirements. Examples of Section 13(b)(1) exemptions include individuals who work in the trucking, rail, and air carrier industries.
A recent unpaid overtime dispute from the federal courts focused on those Section 13(b)(1) exemptions. The employer was an entity that sold, delivered, and installed “screwpiles used in the construction of foundations.” The employees were a pair of welders. In addition to welding, welders were also responsible for “loading trailers, securing loads for transport, and inspecting trucks for safety items such as lights, tires, brakes, and horns.”