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