State and local government employees under the FLSA
Topic: Fair Labor Standards Act (FLSA)
Type: Guidance

There is often confusion as to whether the Fair Labor Standards Act (FLSA) applies to state and local government employees. The provisions of the FLSA apply to all employees of state and local governments except to those who are specifically excluded in section 3(e)(2)(C) of the FLSA and to those who may qualify for exemption from the minimum wage and/or overtime pay provisions of the FLSA.

Section 3(e)(2)(C) excludes from the definition of “employee” under the FLSA an individual who is not subject to the civil service laws of the state, political subdivision, or agency which employs him, and who:

  1. holds a public elective office of that state, political subdivision, or agency,
  2. is selected by the holder of such an office to be a member of his personal staff,
  3. is appointed by such an officeholder to serve on a policy making level,
  4. is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office, or
  5. is an employee in the legislative branch or legislative body of that state, political subdivision, or agency and is not employed by the legislative library of such state, political subdivision, or agency.
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