Can you tell me how the laws affect funeral directors....When is Chinese overtime legal for that profession? Thanks

The DOL ruled in early 2004 that certain funeral directors and embalmers are considered "professionals" under FLSA because of their knowledge, discretion and independent judgement, and thus exempt from overtime. That means that for federal purposes, it is likely that so-called "Chinese overtime" is permissible for them.

This pretty much affirmed the ruling of the Ruttlin case in the 6th Circuit, but I haven't seen any reported cases that have given any interpretation of the DOL's ruling (although I haven't really looked either). In addition, your state might treat funeral directors differently. So, if you are concerned, you ought to check with a local labor attorney or your state's DOL.

Many weeks we can have as much as 50 hrs overtime, and when averaged out can be less than minimum wage

To be exempt under most of the federal exemptions, you must make a salary of at least $455 per week. If your salary puts you at minimum wage after 50 hours of work, then you don't meet this minimum salary and you are non-exempt and entitled to overtime.

Please keep in mind that we only know the information that you tell us. As Phillip noted, it is best to speak wither your state enforcement agency or a local attorney who can go over all the relevent facts with you.

If you meet the type of "funeral director" they were talking about (one who is licensed, with at least 2 years of post-secondary education and graduation from a college of mortuary science accredited by the American Board of Funeral Service education), then your status likely rises to the level of "professional" and you are to be found exempt, at least on a federal basis, from both overtime and minimum wage.

This has probably encouraged states to look into their licensing requirements and raise their standards.

But, I think there's still an exception that FD's earning less than $23,660 still get overtime and minimum wage. You'd have to check on that, too.

In any case, if you are this type of well-compensated, well-educated "professinoal", then you are deemed by the government to be the type of person who can take care of himself.

Thanks for the input Michael. I was typing my last post when yours went up, so I didn't see yours.