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FSLA exemptions

KenBKenB 28 Posts
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Under NY's wage and hour laws there is an exemption for employees "in or for a summer camp or conference of such a religious, educational or charitable institution for not more than three months annually. The FSLA does not have such an exemption. Does anyone know if the Department of Labor would defer to NY State Dep't of Labor and permit an employer to exempt such employees from FSLA requirements or does the FSLA still apply even if state law exempts employees that the FSLA does not?
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  • PaulPaul 43 Posts
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    KenB,

    It has been my experience that whenever Federal and State laws clash, Federal laws trump state laws UNLESS the state laws are more restrictive for the employer. Where state laws help the employee, I don't think that you will be too far out of line to follow them, although with that being said, you should really contact an attorney on this.

    Good Luck,

    Paul
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