Federal Overtime Regulations Overhauled!! (Continued from Page One)
Diane Dennis Enterprises © 2004

Blue-Collar Workers

According to the "Fact Sheet #17I:  Blue-Collar Workers and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)"
(Available at: http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17i_blue_collar.htm):

Most employees in the United States are supposed to be paid overtime pay, at one and one-half times the regular rate of pay (at least), for all hours worked over 40 in a work week; this is a federal requirement.

However, Section 13(a)(1) of the FLSA provides an exemption from overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees, as well as certain computer employees. Section 13(a)(17) also carries exemptions for certain computer employees.

To qualify for exemption, your employee(s) must A) meet certain "tests" regarding their job duties and B) be paid on a salary basis at not less than $455 per week.

MOST IMPORTANT:

The exemptions provided by FLSA Section 13(a)(1) do NOT apply to manual laborers or other “blue-collar” workers who perform work involving repetitive operations with their hands, physical skill and energy.

These non-exempt “blue-collar” employees, who gain the skills and knowledge required for performance of their routine manual and physical work through apprenticeships and on-the-job training, are entitled to overtime premium pay under the FLSA, and are NOT exempt under Section 13(a)(1) of the FLSA nor the regulations at 29 CFR Part 541, (no matter how highly paid they might be).

These non-exempt “blue-collar” employees fall under production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers.

Well, I'd say that pretty much covers the "blue-collar" workers, now let's check out the "white-collar" workers... (Continued...)