Are certain industries exempt from the FMLA?

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? — T.Z., New York

A. You’ve got your FMLAs and FLSAs confused. The Fair Labor Standards Act (FLSA), the federal wage-and-hour law, does allow certain individual exemptions for over-the-road truckers. However, no similar across-the-board industry exemption applies under the FMLA or workers’ compensation laws for businesses engaged in trucking.

We strongly suggest that you speak with an experienced employment lawyer before your next move. (For more on FMLA compliance, go to www.dol.gov/esa/whd/fmla.)  

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