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   EXEMPT INDUSTRIES AND/OR OCCUPATIONS

 

There are a quite a few exemptions from overtime, minimum wage, or both for industries and occupations. Some of the industries and occupations that are exempt from overtime (and therefore not entitled to overtime) under the FLSA include:

  1. Airlines (employees engaged in activities necessary to or related to air transportation);

  2. Amusement & recreational establishments (operations must be seasonal);

  3. Amusement Park or Recreational Establishment Employees for National Parks forests or refuges provided they are paid time and a half after 56-hours in one work week (overtime exemption);

  4. Apprentices (special certificate required);

  5. Auto, farm implement, boat, aircraft dealers (some sales men, partsmen, and mechanics are exempt from overtime requirements);

  6. Casual domestic babysitters and persons employed to provide companionship to older or infirm people in their home (overtime exemption);

  7. Camps, Religious, and Nonprofit Educational Conference Centers that operate less than 7 months a year (overtime exemption);

  8. Criminal Investigators (overtime exemption);

  9. Domestic service workers in private household (limited exemptions);

  10. Drivers and drivers' helpers making local deliveries compensated based on trip rates;

  11. Employee engaged in the transportation and preparation for transport of fruits or vegetables from the farm to a place of first processing in the same state;

  12. Employees in fire protection, law enforcement, and security at a correctional institution for a public agency employing fewer than five employees in those activities;

  13. Fishing or On-Vessel processing of fish (overtime exemption);

  14. Foreign employment (services performed within a foreign country);

  15. Forestry or logging (8 employees or less);

  16. Gasoline stations (with small sales volume);

  17. Handicapped workers (less than minimum rates may be paid under special certificate;

  18. Holly-wreath manufacture (certain homemakers);

  19. Hospitals and nursing homes (special overtime rules);

  20. Hotels, motels, & restaurants (overtime exemption for some employees);

  21. Learners (less than minimum wage rates may apply);

  22. Messengers (less than minimum wage rates may apply);

  23. Motion picture theaters (overtime exemption);

  24. Motor carriers (limited overtime exemption)

  25. Movie theaters employees (overtime exemption);

  26. Newspaper delivery (overtime exemption);

  27. Newspapers (small local circulation);

  28. Outside Salesman (overtime exemption);

  29. Petroleum distributors (limited overtime exemption);

  30. Professional, executive, and administrative personnel;

  31. Radio & TV broadcasters (limited overtime exemption);

  32. Railroad, steamship companies (limited overtime exemption);

  33. Retail and service establishments (limited overtime exemption);

  34. Retail commission salesmen (overtime exemption);

  35. Retail-manufacturing units (limited overtime exemption);

  36. Seamen exemption only for seamen on foreign vessels;

  37. Students in agriculture, students in higher educational institutions, and students in retailing (less than minimum wage may apply);

  38. Substitute parents for institutionalized children (limited overtime exemption);

  39. Taxicab drivers (overtime exemption); and

  40. Telephone exchanges (limited exemption).

There are many other exemptions under the FLSA. A complete list of the exemptions and the regulations governing those can be found here.

 

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Copyright ©2009 Sharon Preston, P.C.

670 East 3900 South, Suite 101, Salt Lake City, UT 84107
Tel: 801.269.9541 - Fax: 801.269.9581 - Email:
sharon@sharonprestonlaw.com