Hiring "Exempt vs Non-Exempt Status"

Texas / FLSA

My question is about the FLSA and exempt / non-exempt status. Many sites claim there are only three exemptions - Administrative, Executive, and Professional. I've also seen other places that list some "less common" exemptions but are unclear as to how that works.

Specifically, if you worked at a seasonal amusement park that was subject to "General Provisions of Section 13(a)(3)", is the employee considered exempt or is the business exempt? How exactly does that work? (Considering the employee in question is non-salaried, I understand they are "exempt" from overtime; but how are each classified?) What I really want to know is if the employee is considered exempt or non-exempt in this situation.

I hope this isn't too complicated of an question, but so far no one else has been able to answer it!

Thanks.

There are close to 100 exempt classifications. The three you have listed are the most common, but they are far from the only ones.

IF a business is legitimately exempt from the FLSA, then by default all employees are also exempt.

So either way, if I'm not entitled to overtime, ect than by default that makes me exempt as well, even if it's just a matter of proxy exemption based on the business itself being exempt.

What kind of problem would exist if the employees were classified incorrectly as non-exempt? (Just curious.)

None. It is always legal to classify an employee as non-exempt. It is not legal to classify someone as exempt if they don't meet one or more exempt classifications, but any employee can be classified as non-exempt.

Generally, the FLSA provides for damages to the employee consisting of payment of the wrongly unpaid wages, liquidated damages in an equal amount, and attorney fees. (HA! I misread the question as asking about wrongful classification as exempt!)

The FLSA is a complex set of laws. If you have a question as to whether you are entitled fo ovetime pay, in my opinion you are best off talking to an attorney who handles FLSA cases. They will often do a phone interview with you to get the facts and opine as to whether or not you have a potential case.

Just find one in the phone book or online (or use the "Find a Lawyer" forms on these boards) and call someone to discuss your situation.

I'm not trying to sue anyone. (Now that that's out of the way.)

CBG - So, if I am exempt under the "seasonal" rule, they could still classify me as non-exempt. The question is, if they do that, should I have been treated as non-exempt? (ex. Recieved overtime, ect)

You know, I probably look like a disgruntaled employee, but I'm really just curious how this all works. I really am interested in HR and enjoy learning about these topics - especially the ones I can relate to directly!

So to be really clear, I thought I was supposed to be exempt based on the "seasonal" exemption, the HR rep (perhaps mistakingly) said I was non-exempt, and I was left very confused.

If the HR rep was right and I was classified as non-exempt, what would that mean as far as what should have happened?

If I was classified incorrectly could they just correct the error by changing the classification after the fact? (My guess is no to this one, but I've seen weirder rulings.)

IF you are working for a company that is exempt from the FLSA, then exempt/non-exempt is meaningless. They can call you anything you want, exempt, non-exempt, or anything else, but if they are exempt from the FLSA then they do not have to follow it, and if they do not have to follow it then you do not have to be paid overtime. Overtime is a condition of the FLSA.

I'll give you an example. Small lawn service operations here can have hourly employees who provide lawn care who are NOT paid overtime. They must be paid for all hours worked, just not at the 1.5 times after 40 hours. Why? Because they are considered "agricultural" employees. Take those same employees and have more than 20 of them - must pay them 1.5 times the rate.

So, the case is "it depends" on the state laws, in addition to the federal laws.