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However, certain jobs by definition are exempt from the FLSA, such as agricultural workers and employees in movie theaters.  Some jobs are governed by another specific labor law.  For example, railroad workers are governed by the Railway Labor Act and truck drivers by the Motor Carriers Act.  To be exempt from the FLSA, an employee must be paid at least $23,600 a year on a salary basis and also perform exempt job duties, such as executive and administrative actions.

Exempt employees gain nothing from FLSA overtime rules. The only thing they are entitled to is getting full pay for a work period when they perform any work.  They will not receive overtime compensation or time off.  Nonexempt employees are entitled to 1.5 times their pay ratio for overtime work.  Any vacation or sick leave time is recorded to the nearest quarter hour. 

You can find more information about who is exempted and what benefits they are entitled to under the FLSA by visiting the Fair Labor Standards Act Advisor.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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