Florida FLSA Laws for Exempt Status

By Christopher Cross
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The Fair Labor Standards Act (FLSA) covers rules for overtime, minimum wage, child labor and equal pay. While most jobs are covered under this act, some are not. Additionally, workers in jobs that are covered may be exempt from the overtime rules covered by the FLSA.

Child Labor Exemptions

Florida exemptions to the FLSA child labor rules cover hour exemptions and age exemptions. Hour exemptions apply to those who have a waiver from a Florida public school, those who are married or divorce, those who have graduated or received their GED, those who have been in the army and those who are part of a work program sponsored by their high school. Age exemptions apply to those who work for their parents, are pages within the state legislature, those over 10 years old who have a paper route and those who work within the entertainment industry. Additionally, hour or age restrictions may be granted by a Florida court.

Minimum Wage Exemptions

Florida minimum wage exemptions are identical to the exemptions under the federal FLSA laws. These exemptions include employees who are farm workers on small farms, those who work for a seasonal business, salaried executive, professional and administrative employees, casual babysitters and elderly companions.

Overtime Pay Exemptions

Florida minimum wage exemptions are identical to the exemptions under the federal FLSA laws, with one exception. In Florida, a regular day’s work for manual laborers is 10 hours. Once a non-exempt manual labor employee works over 10 hours in a day, they are entitled to overtime pay. Any other type of non-exempt employee is entitled to overtime pay only after they have worked 40 hours in any given work week. Other employees in Florida who would be exempt from the FLSA overtime rules include computer professionals who are paid more than $27.63 an hour (as of August, 2010), some retail and service employees who work on commission, farm workers on small farms, salesmen and mechanics who work for an auto dealership, those who work for a seasonal business, salaried executive, professional and administrative employees, casual babysitters and elderly companions.

Equal Pay Exemptions

Exemptions to Florida equal pay laws are in situations where the pay rate is based on seniority or a merit system, when pay is determined based upon how much quality or quantity an employee produces and when a differential is paid based on other factors, such as working an overnight shift.