Vermont Employees Who Are Eligible for Overtime Pay in Vermont
Overtime pay in Vermont is a frequent issue that arises for employees. There are certain employees that are entitled to receive overtime while others aren’t.
Understanding The Employees Who Are Entitled to Receive Overtime Pay in Vermont
The Fair Labor Standards Act (FSLA) or the overtime laws of the state determine whether or not a worker is able to receive overtime pay or if there is an exception to the law. The following workers are placed in the category of being exempt:
- babysitters and companions who are not working as nurses aides or home health aides
- individuals providing criminal investigation services
- certain categories of switchboard workers
- small farm employees
- newspaper delivery people
- employees of certain smaller-sized newspapers
- people who work for nonprofit, religious conference centers, or organized camps provided they are in operation for no more than seven months out of the year
- workers who are employed in seasonal jobs such as amusement or recreation facilities
- software engineers and other computer workers who earn a minimum of $27.63 per hour
- salespeople who work outside the home base of the business
- volunteer workers except, in most cases, those working for profit-based companies
- independent contractors
- executives, professionals, and employees who work in an administrative capacity and are salaried.
Executives, Professionals, and Administrative Workers
Employees who are considered “white collar” are commonly sources of confusion as to whether they are eligible for overtime or not. It is not necessarily true that executives, professionals, and administrative workers will receive overtime pay. For the exemption under FLSA to apply, employees who fall into this category must be salaried employees and are required to work in jobs that make it necessary for them to make their own decisions independently and at their discretion. With salaried workers, the employee is required to earn $455 every week and must receive that same salary every time. The number of hours that the worker logs in that week is irrelevant. In some situations, the employee might receive less than the full salary in a week. An example might be if a few paid sick days or vacation days are taken. The duties are worker has are also important. Even if a worker makes $455 per week, it doesn’t automatically mean there is an overtime exemption. For administrative, executive, and professional employees, the following applies:
- For an administrative employee, the office work cannot be manual labor, and it must be linked to the business’s management or operations of the employer or customers. The employee must be allowed to use discretion and make decisions independently for important issues.
- For an executive, the employee must be required to manage the enterprise for the employer or a department or division of it. The employee is required to be a supervisor of a minimum of two employees who work on a full-time basis or the equivalent when it comes to workers who are employed part-time. The employee must have the authority to make decisions on other employees such as hiring or firing them or have input.
- For a professional, the job must be working in a capacity that makes it necessary to have knowledge that is considered advanced in learning or science that can only be acquired with high levels of study. Or the work must require original thinking, imagination, the ability to invent, or creative talents.
Contact an Experienced Attorney Knowledgeable About Overtime Pay in Vermont
If you have questions about how overtime pay works or if there is a problem receiving overtime pay in Vermont, call Galanes Law at (802) 698-8356 today.