Overtime wage laws for Florida's blue collar workers

March 20, 2013

In 1938 Congress passed the Fair Labor Standards Act, legislation setting regulations for wages employees earn, records employers keep and how much children may work. The far-reaching law affected more than 700,000 workers at the time it was passed, and most public and private sector employers must follow its requirements. As time passed, lawmakers amended the FLSA to strengthen the protections the law offers to workers. The law does not treat all employees in the same manner, however, and some confusion can emerge about how the FLSA's rules apply. Those who work in blue collar professions may not be aware of their rights under the FLSA.

Federal overtime wage laws

The FLSA requires employers to pay most employees a minimum wage determined by the government, as well as one-and-a-half the employee's normal hourly wage for the time the employee works over 40 hours in a week. States are free to set minimum wages in their states higher than the federal minimum wage, but may not set their minimum wages lower.

The FLSA exempts some employees from the minimum wage and overtime payment requirements. Employers need not pay overtime to salaried employees in the following positions:

- Executives
- Administrative employees
- Learned professionals
- Creative professionals
- Some computer employees
- Outside salespeople

In general, an employee must earn at least $455 dollars a week in salary and meet certain tests about their job duties in order for the exemptions to apply.

Blue collar workers and the FLSA

The U.S. Department of Labor Wage and Hour Division has made it clear that the overtime exemptions do not apply to those who work in manual labor, or "blue collar," professions, no matter how much they earn. The DOL defines these jobs as requiring repetitive operations with the hands, energy and physical skill. The DOL notes that employees in these jobs often obtain the skills and training they need to perform their work through apprenticeships or on-the-job training programs.

Some examples of blue collar professions the DOL offers include:

- Construction workers
- Plumbers
- Electricians
- Mechanics
- Carpenters
- Those working in production
- Maintenance workers
- Operating engineers
- Longshoremen
- Craftsmen
- Iron workers

Those who work in these fields and do not hold management positions are entitled to payment of wages equal to time-and-a-half for the time they work over 40 hours per week.

Speak with an attorney

Those who work in blue collar professions have physically demanding jobs and work hard for their money. When they go above the demands of a typical 40-hour work week, employers must compensate them accordingly. If you have been denied overtime wages, speak with a skilled employment law attorney who can help you obtain just and proper compensation.

Article provided by Feldman Morgado, P.A.
Visit us at www.floridatrialattorneys.net/