Employment Law

Employee Compensation

Do blue collar workers who have great expertise in their respective jobs fall under the professional overtime exemption under FLSA?

No, federal regulations provide that the professional exemption does not apply to “manual laborers” and “blue collar” workers who engage in repetitive tasks with their “hands, physical skill and energy.” The regulation in question further provides that such blue collar workers “gain the skills and knowledge required for performance of their routine manual and physical work through apprenticeships and on-the-job training, not through the prolonged course of specialized intellectual instruction required for exempt learned professional employees such as medical doctors, architects and archeologists.”


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