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Exemptions from Overtime Only

 

The following categories of employees are exempt from overtime pay, but not from the minimum wage; some of the exemptions from overtime pay are very limited and need to be studied carefully:

  1. Employees working under a collective bargaining agreement that limits hours worked to 1040 in any period of 26 consecutive weeks - Section 207(b)(1)

  2. Employees working under a collective bargaining agreement that imposes certain minimums and maximums on hours worked in a 52-week period - Section 207(b)(2)

  3. Employees of certain smaller wholesale or bulk distributors of petroleum products that are engaged primarily in intrastate operations, if such employees receive at least 1 1/2 times the minimum wage for hours worked between 40 and 56 in a workweek and 1 1/2 times their regular rate for hours in excess of 12 in a day or 56 in a workweek - Section 207(b)(3)

  4. Employees working irregular hours under a bona fide individual contract or collective bargaining agreement that specifies a guaranteed regular rate not less than minimum wage for purposes of calculating overtime pay and guarantees such pay for not more than 60 hours in a workweek - Section 207(f)

  5. Certain employees paid on a piece rate basis - Section 207(g)

  6. Retail or service establishment employees whose regular rates are at least 1 1/2 times minimum wage and who earn at least half their income in a representative period from commissions - Section 207(i)

  7. Employees of hospitals or other types of residential care facilities - exemption from the 40-hour workweek rule - two-week period may be used for overtime computation if employees are paid time and a half for hours worked in excess of 8 in a day or 80 in a two-week period - Section 207(j)

  8. Fire protection or law enforcement employees of public agencies - a period of 7 to 28 days may be used for overtime computation if time and a half is paid for hours in excess of a certain number set by regulation - Section 207(k)

  9. Certain employees who are engaged in activities related to the auction sale of certain types of tobacco, as long as such employees get time and a half for hours worked over ten in a day or 48 in a workweek - exemption good for up to 14 weeks in a 52-week period - Section 207(m)

  10. Employees of local electric railways, trolleys, or bus carriers - limited exclusion from overtime computation of hours spent in charter activities - Section 207(n)

  11. Public agency employees working under a compensatory time agreement - Section 207(o)

  12. Fire protection and law enforcement employees who volunteer for a special detail in the employ of a separate and independent public agency - Section 207(p)(1)

  13. Public agency employees who work part-time for the same agency in some other capacity or who substitute for other workers - under certain conditions, hours in excess of 40 may be paid at straight time - Section 207(p)(2,3)

  14. Employees receiving certain types of remedial education in connection with the employment - overtime exclusion is limited to 10 hours per workweek, i.e., straight time is paid for up to 50 hours per workweek - Section 207(q)

  15. Certain employees of motor carriers regulated by the U.S. Department of Transportation - Section 213(b)(1)

  16. Employees of certain rail carriers (as defined in 49 U.S.C. 10102) - Section 213(b)(2)

  17. Employees of certain air carriers - Section 213(b)(3)

  18. Outside buyers of poultry, eggs, cream, or milk, in their raw or natural state - Section 213(b)(5)

  19. Any employee employed as a seaman on any vessel - Section 213(b)(6)

  20. Certain employees of small local radio or television stations - Section 213(b)(9)

  21. Certain employees of automobile, truck, farm implement, trailer, boat, or aircraft dealerships - Section 213(b)(10)

  22. Local delivery drivers or driver's helpers compensated on a trip rate or other delivery payment basis - Section 213(b)(11)

  23. Any agricultural employee - Section 213(b)(12)

  24. Employees who operate or maintain ditches, canals, reservoirs, or waterways for agricultural purposes - Section 213(b)(12)

  25. Employees who are primarily engaged in agricultural work, but who occasionally perform livestock auction duties that are paid at minimum wage or more - Section 213(b)(13)

  26. Certain employees of small country grain elevators and related establishments - Section 213(b)(14)

  27. Employees who process maple sap into non-refined sugar or syrup - Section 213(b)(15)

  28. Employees who prepare and transport fruits or vegetables from the farm to the place of first processing or first marketing within the same state - Section 213(b)(16)

  29. Employees who transport fruit or vegetable harvest workers within a state - Section 213(b)(16)

  30. Drivers employed by taxicab companies - Section 213(b)(17)

  31. Firefighting and law enforcement employees of certain very small fire or police departments - Section 213(b)(20)

  32. Domestic service employee who resides in the household in which the work is performed - Section 213(b)(21)

  33. Certain married houseparents in non-profit educational institutions for children enrolled in and residing at such facilities who are either orphans or else have at least one natural parent who is deceased - Section 213(b)(24)

  34. Employees of motion picture theaters - Section 213(b)(27)

  35. Certain employees of small forestry or lumbering operations - Section 213(b)(28)

  36. Employees of amusement or recreational facilities located in national parks, forests, or refuges - Section 213(b)(29)

  37. Criminal investigators who are paid on an availability pay basis - Section 213(b)(30)

  38. Certain minimum wage employees whose minimum wage rates are set by the Secretary of Labor - Section 213(e)

  39. Certain employees engaged in cotton ginning, processing of raw cotton or cottonseed, or processing of sugar cane or sugar beets in certain facilities, as long as such employees get time and a half for hours worked over ten in a day or 48 in a workweek - exemption good for up to 14 weeks in a calendar year - Section 213(h)

  40. Certain employees who are engaged in cotton ginning for market in a county where cotton is grown in commercial quantities, as long as such employees get time and a half for hours worked over ten in a day or 48 in a workweek - exemption good for up to 14 weeks in a 52-week period - Section 213(i)

  41. Certain employees who process sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup, as long as such employees get time and a half for hours worked over ten in a day or 48 in a workweek - exemption good for up to 14 weeks in a 52-week period - Section 213(j)

 

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