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PHR · Question #152

You are the HR Professional for your organization. You are discussing the status of your company's employees to determine who may be considered nonexempt versus exempt. Which one of the following…

The correct answer is C. Manual workers. Under the FLSA, manual (blue-collar) workers who perform physical labor in trades and crafts can never be classified as exempt from overtime provisions, regardless of salary level.

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Question

You are the HR Professional for your organization. You are discussing the status of your company's employees to determine who may be considered nonexempt versus exempt. Which one of the following types of employees can never be considered exempted from overtime provisions?

Options

  • AAdministrative assistants
  • BSales people
  • CManual workers
  • DManagers

How the community answered

(28 responses)
  • A
    4% (1)
  • B
    14% (4)
  • C
    75% (21)
  • D
    7% (2)

Why each option

Under the FLSA, manual (blue-collar) workers who perform physical labor in trades and crafts can never be classified as exempt from overtime provisions, regardless of salary level.

AAdministrative assistants

Administrative employees, including some administrative assistants, may qualify for the FLSA administrative exemption if they meet the required salary basis test and their primary duty involves discretion and independent judgment on matters of significance.

BSales people

Salespersons who primarily make sales away from the employer's place of business can qualify for the FLSA outside sales exemption, which has no salary requirement.

CManual workersCorrect

The FLSA's white-collar overtime exemptions - executive, administrative, professional, outside sales, and computer - apply exclusively to employees in non-manual occupations. The Department of Labor explicitly excludes manual laborers and other blue-collar workers who perform work involving repetitive operations with their hands from all FLSA exemption categories, meaning they must always receive overtime pay for hours worked beyond 40 in a workweek.

DManagers

Managers can qualify for the FLSA executive exemption when they regularly direct the work of at least two full-time employees, have authority over hiring or firing, and meet the salary basis test.

Concept tested: FLSA overtime exemption exclusion for manual workers

Source: https://www.dol.gov/agencies/whd/overtime/screen75

Topics

#FLSA exemptions#manual workers#overtime provisions#non-exempt classification

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