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Marko Law Firm

Who is covered by the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) applies to most employees in the United States, including employees working in the private sector and in federal, state, and local government agencies. However, certain categories of workers may be exempt from some or all of the provisions of the FLSA. Covered employees under the FLSA are referred to as nonexempt employees, while those exempt from certain provisions are referred to as exempt employees.

Generally, the FLSA covers employees engaged in interstate commerce or in the production of goods for interstate commerce, as well as employees of enterprises engaged in interstate commerce or in the production of goods for interstate commerce with annual gross sales or business volume of at least $500,000. Additionally, individual employees may be covered by the FLSA if their work regularly involves them in interstate commerce or if they are employed in certain enumerated occupations, such as domestic service, agriculture, or government employment.

It's important to note that some employees may be exempt from certain provisions of the FLSA based on their job duties, salary level, or industry, such as executive, administrative, professional, outside sales, and certain computer employees, as well as certain seasonal and recreational establishments.

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