Employers FAQs - Fair Labor Standards Act

  • What classifications of employees are exempt from FLSA overtime pay requirements?

    Generally the FLSA exempts executive, administrative, professional, and outside sales employees from overtime requirements provided they meet certain tests regarding job duties and are compensated "on a salary basis."

    USDOL Fact Sheets (Select "Exemptions")

    U.S. Department of Labor (USDOL) Wage and Hour Division

    FLSA elaws - Exemptions

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  • I own a retail business. Are there any age restrictions for employing one of my 13 year old nephews as a stock clerk?

    Under federal law, a minor must be 14 years old to work for an employer. There is an exception for minors working for a parent or legal guardian who owns the business, OR a parent who is an officer of the corporation for which the minor works. This does not apply to other relatives.

    State of Georgia Child Labor information, requirements, and forms

    USDOL Fact Sheets (Select "Child Labor")

    FLSA elaws - Student-Learner Program

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  • Are there special minimum wage rules for minors?

    The current federal minimum wage is $7.25 hr. However, a "special" minimum wage of $4.25 per hour applies to certain employees under the age of 20 during their first 90 consecutive calendar days of employment. After the 90-day period, employers are required to pay the full minimum wage. There are other programs that allow for payment below the federal minimum wage for "full-time students" and "student learners."

    FLSA elaws - Full-Time Student Program

    FLSA elaws - Student-Learner Program

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  • I have an employee who failed to follow instructions on preparing a report. The report had to be redone, resulting in the employee working over 40 hours in the work week. Am I required to pay overtime for his mistake?

    Yes. When an employee must correct mistakes in his or her work, the time must be treated as hours worked. The correction of errors, or "rework", is hours worked even when the employee voluntarily does the rework.

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