Introduction to the Fair Labor Standards Act (FLSA)

5. 7( K ) W ORK P ERIODS FOR L AW E NFORCEMENT A CTIVITIES Employees involved in law enforcement activities that are on a 28-day work period must be paid 1½ times their regular rate for any hours worked over 171. 114 If the work period is designated to be an amount between 7 and 28 days, the maximum number of non-overtime hours will be a proportion of 171 equal to the number of days in the work period divided by 28. 115 For easy reference, the maximum number of non-overtime hours per day can be calculated (171/28 = 6.11). To figure the maximum regular rate (non-overtime) hours for any work period, multiply the number of days in the designated work period by 6.11 and round to the nearest whole number. For example, if the designated work period is 10 days, 10 x 6.11 = 61.1 (round to 61). If an agency’s work period for law enforcement personnel is 10 days, an employee must be paid time-and-a-half for any hours worked over 61 per work period.

6. C OMPLETE O VERTIME E XEMPTION FOR S MALL S AFETY D EPARTMENTS

The FLSA provides a complete overtime exemption for any fire protection or law enforcement employee if the agency employs less than five employees in fire protection or law enforcement. 116 Fire protection employees and law enforcement employees are considered separately. Thus, if a public agency employs less than five fire protection employees, but five or more law enforcement employees, it may claim the exemption only for the fire protection employees. 117

O VERTIME E XEMPTIONS

S ECTION 5

A. T HE G ENERAL “W HITE -C OLLAR ” E XEMPTIONS Executive, administrative and professional – or “white collar” – employees are exempted from the Act’s overtime requirements. 118 It is critical for employers to understand the exemptions and to apply them correctly, to prevent liability for unpaid FLSA overtime. To qualify for an executive, administrative or professional exemption, the employee must receive a minimum salary of $684 per week (the equivalent of $35,568 per year). 119 Additionally, the employee must be paid on a “salary basis.” 120 Together, these two prongs compromise the “salary” test. The employee must also satisfy the appropriate “duties” test. 1. T HE S ALARY T ESTS Technically, there are two components to the salary tests. First, with limited exceptions for academic administrators, computer –related occupations, teachers, doctors, and lawyers, 121 the employee must be paid a salary of “not less than $684” per week. 122 Second, is the requirement that exempt employees, be paid on a “salary basis.” “Salary basis” means payment of a

Introduction to the Fair Labor Standards Act (FLSA) ©2020 (s) Liebert Cassidy Whitmore 26