Exempted Employees under the Act
Under the Act, there are certain categories of employees which are exempted from the definition of employees.
Certain State Officials do not come under the purview of the definition of an ’employee under this Act.
The Act absolves the Bonafide Executives or High Policy Makers, who are something like 65 years old and have stood firm on the referenced foothold for at least 2 years preceding resigning.
The Executive or High policymaker exemption is only limited to some of the top-level employees. They exercise a reasonable executive authority over a significant no. of employees and a large part of the business.
The exemption of high policymakers also applies to those who do not handle significant line authority but play an important part in developing and implementing corporate policy.
The Act likewise excludes State or Municipal firemen or the Law Enforcement Officers who have been utilized by the state or political region of a state by as far as possible are recommended by the state or nearby laws.
Who is an Employer under the Act?
‘Employer’ has been defined under ADEA. It includes every individual, association, partnership, corporation, labor organization, legal representative, business trust, or an organized group of persons who:
is engaged in an industry that affects commerce under the meaning of ADEA; and
has 20 or more employees for each working day in every 20 or more calendar weeks preceding or current calendar year.
Though the description of ’employer’ constitutes State and Local Governments and agencies, the Supreme Court has ruled out that the States cannot be sued in the federal courts under the ADEA, by any individual, due to the presence of sovereign immunity. Although state and local governments and agencies cannot be sued in federal courts, they have to abide by the provisions of the ADEA.
The Act also applies to an Agent of an Employer and comprises a different section for federal government employment. Further, the Act also applies to the employment agencies and the labor unions, as they also come under the head of an Employer.