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FLSA Summary and Effect on County Staff

Summary of Fair Labor Standards Act (FLSA)

  • Government and or Educational Institutions are covered by FLSA.
  • Payment of a salary does not exempt a person from overtime compensation.
  • There are three basic exemptions:
    • Executive – Management and supervision.
    • Administrative – High level of independent judgment and discretion in MATTERS OF SIGNIFICANCE.
    • Professional – Requires advanced knowledge in a field of science or learning (doctors, lawyers, engineers) or recognized field of artistic endeavor or teaching; consistent exercise of discretion or judgment and predominantly intellectual.
  • Field Specialists fit under the “Professional” exemption.
  • County Office Assistants, Youth Coordinators, and Program Assistants do not.  The reasons for not falling into the professional category of exemption are:
    • The positions do not normally require a degree in a specific subject.
    • The positions do not “require consistent exercise of discretion and judgment, and predominantly intellectual and varied in nature.”
    • An example used in the guidelines is “highly skilled technicians do not qualify for this exemption.”
    • This is not to suggest that OA’s, CYC’s, and PA’s do not do excellent and much needed work.
    • If you exempt them from overtime, you may be accumulating a major liability.

Compliance Assistance for Fair Labor Standards Act (FLSA) - U.S. Department of Labor, Wage and Hour Division