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As a general rule, federal employment laws do not apply to employees stationed overseas unless the law itself clearly and specifically states that it applies outside the boundaries of the United States.
An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
Individuals employed in a bona fide administrative, executive, and professional capacity who pass the duties tests are exempt from the overtime provisions of the law (AK Stat. Sec. 23.10.
The minimum wage under the Fair Labor Standards Act (FLSA) is generally applicable to any state, territory, or possession of the United States such as Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI).
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
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.
This is the first time in more than a decade Puerto Rico has increased its minimum wage. The current minimum is $7.25 an hour. Puerto Rico's minimum wage will automatically increase to $8.50 per hour on Jan. 1, 2022, and to $9.50 per hour on July 1, 2023, for all employees covered by the Fair Labor Standards Act.
Exempt (Salaried) Employees. As part of the FLSA, exempt employees are those individuals who are not subject to receive overtime pay. To qualify for exempt status, the employee must meet the salary minimum and the position must pass the Department of Labor (DOL) Job Duties Test.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.