The Fair Labor Standards Act (FLSA) provides exemptions for certain industries and job roles in the right to work check. These exemptions are outlined in Section 13 (a) of the FLSA and apply only to “white-collar employees” who meet the wage and duty requirements set out in Part 541. Before the pandemic, LinkedIn launched a campaign to create a bridge between its job search service and the portals of state agencies, making it easier for workers to report their job searches. State laws also allow some exemptions to the mandatory job search, such as during times of high unemployment. Public and private elementary and secondary school employees who work as teachers or in other educational capacities may be exempt from overtime pay, while other employees, such as cafeteria workers and janitors, are generally classified as non-exempt and must receive overtime pay at a rate of at least one and a half times their regular wage for more than 40 hours worked in a workweek.
The exemptions do not apply to manual workers or other “workers” who perform work that involves repetitive operations with their hands, physical abilities, and energy. Employers must pay non-exempt employees who work remotely or from home for all hours worked, including overtime, at a rate of at least one and a half times their normal wage for hours worked more than 40 hours in a workweek. States where weekly job search reports are required should consider how a worker could submit their activity on job search sites to state agencies to demonstrate compliance. This could include providing evidence of job searches on LinkedIn or other job search sites.
Overall, it is important to understand the exemptions provided by the FLSA when it comes to right to work checks. This will help employers ensure that they are compliant with the law and that their employees are receiving the wages they are entitled to.
