Employment Law Questions? Ask an Employment Lawyer.
Thank you for asking for JustAnswer's assistance with this matter. There were significant changes to the FLSA in 2003. The most recent changes to the FLSA were in 2007 and related to child labor laws.
I addressed both sets of changes in my answer.
FAIR LABOR STANDARDS ACT (FLSA)
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping and child labor standards for both full time and part time workers in the United States, including all private employers and government employers. The FLSA'S standards are the basic standards that an employer must meet. States may enact higher standards for wages, overtime and other components of the FLSA so long as those state laws also meet FLSA standards.
Exempt employees are employees who do not have to be paid overtime. An exempt employee must make at least $455 a week. Prior to the 2003, an exempt employee had to make at least $155 a week.
The executive exemption applies to an employee who manages an enterprise, directs the work of at least two other employees, and has the authority to hire and fire employees. Prior to 2003, the standards also stated that an exempt employee could not spend more than 20% of his or her time on non-exempt work, or 40% in a retailer.
The administrative exemption applies to a person who assists in managing or running a business, or a customer's business. The position has to be one of importance requiring skill and training. Prior to 2003, this exemption also applied to the administrative assistants of executives, and the standards also stated that an exempt employee could not spend more than 20% of his or her time on non-exempt work, or 40% in a retailer.
The professional exemption applies to employees that usually have advanced degrees whose work requires the exercise of judgment and discretion. Prior to 2003, the standards also stated that an exempt employee could not spend more than 20% of his or her time on non-exempt work, or 40% in a retailer; and that the times for performing the work could not be standardized.
The creative professional exemption applies to artists and persons involved in creative endeavors. This did not exist in 2003.
The computer professional exemption applies to computer hardware and software designers and programmers. This did not exist in 2003.
There is also an exemption for outside sales persons, and highly compensated employees making over $100,000 a year who also engage in at least one administrative task. This did not exist in 2003.
In 2007, the Department of Labor proposed significant changes to child labor laws. The FLSA would be changed to state that poultry slaughtering plants, forklift passengers, firefighting, and loading compactors and balers was too hazardous for anyone under 18. 14 and 15 years olds would be allowed to work in advertising, banking and technology. These changes are significant to children. Prior to 2003, hazardous activities did account for an alarming amount of life-altering injuries - or death - to children.
The modifications to the FLSA in large part benefited employers, because it substantially broadened the definitions of exempt employees. Prior to 2003, for example, whether or not someone working with computers was exempt or non-exempt was decided on a case-by-case basis, under the administrative exemption. Often times, the administrative exemption did not apply. Furthermore, the changes to the FLSA eliminated the 20%/40% time on non-exempt work, meaning that many people who work in retail stores as managers, and in restaurants as managers, now work a substantial amount of time doing non-exempt work, without being paid for it.
Unions objected to these changes on the basis that over 8 million employees would lose their eligibility for overtime, including technical writers and practical nurses. The changes were made over the union's objections.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).