Flsa Section 13

A the section 13 a 1 exemptions and the regulations in this part do not apply to manual laborers or other blue collar workers who perform work involving repetitive operations with their hands physical skill and energy.

Flsa section 13. Section 13 b 1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935 except those employees covered by the small vehicle exception described below. Section 13 b 1 of the fair labor standards act as amended subsec. A section 13 b 20 of the flsa provides a complete overtime pay exemption for any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities including security personnel in correctional institutions if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities as the case may be.

29 usc 13 b 6 seamen working on non american vessels are also exempt from minimum wage requirements. Section 13 a 1 of the flsa provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive administrative professional computer and outside sales employees. B 1 of this section shall not apply in the case of any employee with respect to whom the interstate commerce commission now secretary of transportation has power to establish qualifications and maximum hours of service solely by virtue of section 204 a 3a of the interstate commerce act now 49 u s c.

541 3 scope of the section 13 a 1 exemptions. Section 13 a 3 provides an exemption from the minimum wage and overtime provisions of the flsa for any employee employed by an establishment which is an amusement or recreational establishment if a it does not operate for more than seven months in any calendar year or b during the preceding calendar year its average receipts for any six months of such year were not more than 33 1 3 per centum of its average receipts for the other six months of such year. The exemptions provided by flsa section 13 a 1 apply only to white collar employees who meet the salary and duties tests set forth in the part 541 regulations.

The exemptions do not apply to manual laborers or other blue collar workers who perform work involving repetitive operations with their hands physical skill and energy. Flsa section 13 a 17 exempts hourly paid employees who perform certain types of work in the computer field if they are paid at a rate of not less than 27 63 per hour. Any employee working as a seaman may be exempt from overtime under the flsa.