Chapter 4 Exemptions

Does Overtime Law Apply To You?

Almost certainly, “Yes.” BUT there are a number of complicated exceptions within the Fair Labor Standards Act (FLSA) called “exemptions.” Exemptions apply to certain occupations, job duties, and industries.

Even if the company you work for is required by the FLSA to pay overtime or minimum wage, some employees can be exempt from the FLSA, which means that employers do not have to pay either minimum wage, overtime, or both. Because many lawsuits have been filed and disputed over the question of whether or not an exemption applies in a given set of circumstances, we will not list every detail. There can be very strict definitions for each of the exemptions we have listed. Some employers abuse the exemptions by claiming that a particular exemption applies when it does not. For more information, see OvertimeScams.uswhich lists the most common overtime and Wage-and-Hour abuses, categorized by job title, description, and industry.

Exemptions Listed – Overtime, Minimum Wage, or Both

We have reviewed the most common exemptions below, providing additional information. Click on the highlighted exemptions below to obtain that information.

Administrative
Agricultural Product Buyers
Aircraft Salesperson
Airline Employees
Apprentices
Arson Investigators
Assistant Manager
Associate Manager
Automobile Dealers
Babysitters (Casual)
Boat Salespeople
Child Actors/Performers
Child Employees (Working for Parents)
Claims Adjusters
Clerical Workers
Command Officers
Commissioned Employees
Commissioned Sales Employees
Companions for the Elderly
Computer Employees
Contract Employees
Daycare Center/Preschool Employees
Delivery Drivers
Detectives
Disabled Workers
Dispatchers
Distillery Workers
Domestic Workers (Live-In)
Drivers, Drivers Helpers
Emergency Medical Service Employees
Executives

EMS Employees
Farm and Migrant Workers
Farm Implement Salespeople
Fast Food Restaurant Employee
Federal Employees
Firefighter
Fishing Food Processing Workers
Forestry Employees (Small Firms)
Houseparents (Non-Profit Educational Institutions)
Independent Contractors

Insurance Claims Representative
Investigators
K-9 Handlers
Livestock Auction Workers
Loaders

Lumber Operations Employees (Small Firms)
Manager
Meat Packers
Mechanics
Mortgage Brokers
Motor Carrier Workers

Movie Theatre Employees
National Guard/Reservists
National Park Employees
Newspaper Delivery
Office Workers
Outside Sales Employees
Paramedic
Police Officer
Poultry Processors
Preschool Employees
Produce Transportation Employees
Professionals
Radio Station Employees (Small Markets)
Railroad Employees
Recreational Employees
Rescue Personnel
Salaried Employees
Salesmen, Partsmen, and Mechanics
Seamen (American Vessels)
Seamen (Non-American Vessels)
Seasonal Employees
Students – Trainee
Sugar Processing Employees
Switchboard Operators
Taxicab Drivers
Television Station Employees (Small Markets)
Temporary Employees
Trainees
Truck and Trailer Salespeople
Volunteers

See Case Briefs – Exemptions.