The Fair Labor Standards Act (FLSA) is a federal law that provides minimum wage, overtime pay, and other protections to covered, nonexempt employees. Employees who are “engaged in commerce” are covered employees. 29 U.S.C.S. § 206(a). An employee is engaged in commerce if he or she performs work “involving or related to the movement of persons or things” between state lines or overseas. See 29 CFR 779.103. However, the term commerce is defined so broadly under federal law that the FLSA covers almost every employee in Idaho. See 29 CFR 776.8. For example, the following employees are deemed to be engaged in commerce:
- An employee in Idaho who uses a telephone, the U.S. mail, or e-mail to communicate with persons in another state.
- An employee in Idaho who drives or flies to another state as part of his job duties.
- An employee in Idaho who unloads goods coming from an out-of-state supplier.
- An employee in Idaho, such as a cashier or waitress, who uses an electronic device to authorize a credit card purchase.
Exempt employees include but are not limited to:
- Commissioned sales employees of retail or service establishments
- Certain computer professionals
- Drivers, driver’s helpers, loaders, and mechanics
- Farmworkers employed on small farms
- Salesmen, parts men, and mechanics employed by automobile dealerships
- Employees employed by certain seasonal and recreational establishments
- Executive, administrative, professional, and outside sales employees
If you are an Idaho employer or employee who has questions about your duties or rights under the Fair Labor Standards Act, contact an attorney at Racine Olson. We can help solve your problem.