Do you know the rules for overtime exemptions? Generally, all jobs get overtime, unless there is a specific exemption used by the employer and the job meets the regulatory requirements for an exemption. Reivew special exemptions for overtime and minimum wage requirements.
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Overtime Exemptions
1. OVERTIME EXEMPTIONS
Generally, all jobs get overtime, unless a specific exemption is used by the
employer and the job meets the requirements of the regulatory definitions.
Special exemptions from overtime and minimum wage requirements:
Seaman working on
non-American vessels
Employees in fishing
industries
Agricultural
employees
(specific rules)
Casual babysitters or
companions to the ill
or elderly
Employees of weekly,
semiweekly or daily
local newspapers with
circulation under 4k
Switchboard operators
of small independent
public telephone
companies
Employees of seasonal
amusement parks,
recreational
establishments
Special rules - sometimes exempt from
overtime
Private hospital and nursing home employees
Employees of wholesale petroleum distributors
Employees under union contract - certain hour limits and seasonal
law enforcement and firefighting personnel if five or more
employees
Processing and handling green leaf tobacco, ginning cotton, sugar
processing, cotton and sugar service workers
Commission employees of retail or service establishments
75% of annual
dollar volume
Sales of goods
or services
Not for
resale
Typically, sales
to the general public
Very end of
stream of distribution
1.5 times federal
minimum wage
Over half of compensation
from commissions
For at least
one month
Exempt from overtime, but subject to minimum wage:
Drivers for motor
carriers in interstate
commerce
(DOT rules)
Airline workers
Railroad workers
Outside buyers of
poultry and dairy
products
Seamen
(special rules)
Announcers, news
editors and chief
engineers at radio
and TV stations in
small communities
Salespeople, parts
workers and
mechanics for
automobile, truck
and farm-
implement dealers
Drivers and helpers
making local
deliveries, paid per
trip, approved by
DOL
Agricultural workers
(special rules)
Transportation of
fruits or vegetables
Harvesting of fruits
or vegetables
Taxicab drivers
Household
domestic service
employees living on
premises
Movie theater
employees
Logging industry,
eight or fewer
employees
Resident house
parents at nonprofit
educational
institution
Workers at national
park concessions
Remedial education
program workers
These federal exceptions to minimum wage and overtime requirements often
are overruled by local state laws that are more protective. The more protective
rule must be followed. State law must be consulted before creating pay
policies in reliance on these federal exceptions.
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