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Exemptions
Some employees are exempt from the overtime pay provisions or
both the minimum wage and overtime pay provisions.
Because exemptions are generally narrowly defined under FLSA,
an employer should carefully check the exact terms and conditions
for each. Detailed information is available from local Wage-Hour
offices.
Following are examples of exemptions which are illustrative,
but not all-inclusive. These examples do not define the conditions
for each exemption.
Exemptions from Both Minimum Wage and Overtime Pay
? Executive, administrative, and professional employees (including
teachers and academic administrative personnel in elementary
and secondary schools), outside sales employees, and employees
in certain computer-related occupations (as defined in Department
of Labor regulations);
? Employees of certain seasonal amusement or recreational establishments,
employees of certain small newspapers, seamen employed on foreign
vessels, employees engaged in fishing operations, and employees
engaged in newspaper delivery;
? Farm workers employed by anyone who used no more than 500
"man-days" of farm labor in any calendar quarter of
the preceding calendar year;
? Casual babysitters and persons employed as companions to the
elderly or infirm.
Exemptions from Overtime Pay Only
? Certain commissioned employees of retail or service establishments;
auto, truck, trailer, farm implement, boat, or aircraft salesworkers,
or parts-clerks and mechanics servicing autos, trucks, or farm
implements, who are employed by nonmanufacturing establishments
primarily engaged in selling these items to ultimate purchasers;
? Employees of railroads and air carriers, taxi drivers, certain
employees of motor carriers, seamen on American vessels, and
local delivery employees paid on approved trip rate plans;
? Announcers, news editors, and chief engineers of certain nonmetropolitan
broadcasting stations;
? Domestic service workers living in the employer's residence;
? Employees of motion picture theaters; and
? Farmworkers.
Partial Exemptions from Overtime Pay
? Partial overtime pay exemptions apply to employees engaged
in certain operations on agricultural commodities and to employees
of certain bulk petroleum distributors.
? Hospitals and residential care establishments may adopt, by
agreement with their employees, a 14-day work period instead
of the usual 7-day workweek, if the employees are paid at least
time and one-half their regular rates for hours worked over
8 in a day or 80 in a 14-day work period, whichever is the greater
number of overtime hours.
? Employees who lack a high school diploma, or who have not
attained the educational level of the 8th grade, can be required
to spend up to 10 hours in a workweek engaged in remedial reading
or training in other basic skills without receiving time and
one-half overtime pay for these hours. However, the employees
must receive their normal wages for hours spent in such training
and the training must not be job specific.
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