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Federal Miscellaneous Exemptions

From the Complete Payroll Labor Law Library.

 

Overview of Law

The Fair Labor Standards Act enumerates the following positions and industries that are exempt from overtime requirements. States that have their own wage and hour laws may not recognize many of these exemptions, in which case employers should pay overtime in accordance with state law.

  • Agricultural Employees. The are a number of ways in which an agricultural employees can be exempt. Employees are exempt if they are primarily employed during their work week in agriculture and are not paid less than the minimum wage. Agricultural employees are also exempt if:
    1. They are employed by an employer who did not, during any calendar quarter in preceding calendar year, use more than 500 man-days of agricultural labor; or
    2. They are the parent, spouse, child, or other member of the employer’s immediate family; or
    3. If they are a hand-harvest laborer paid on a piece rate basis who commutes to the farm daily and has been employed in agriculture for less than 13 weeks in the preceding calendar year; or
    4. If they are age 16 or under and employed as a hand harvest laborer paid on a piece rate basis and is employed on the same farm as his/her parent and is paid the same piece rate as employees over 16 are paid; or
    5. If they are principally engaged in the range production of livestock.
  • Agricultural Ditches
  • Amusement and Recreational Establishments, Organized Camp, and Religious or Nonprofit Educational Conference Centers (If operating fewer than seven months per year, or if revenue during peak months and non-peak months meets certain requirements)
  • Dairy Buyers
  • Farm Operation Products
  • Fruit/Vegetable Transportation
  • Maple Sap
  • Cotton ginning/sugar cane/sugar beet
  • Newspaper
  • Newspaper delivery
  • Switchboard operators of independently-owned public telephone companies with fewer than 750 stations.
  • Seafood Industry
  • Domestic Service
  • Transportation
  • Drivers and driver’s helper's compensated on trip rates
  • Taxi drivers
  • Rail and air common carriers
  • Radio and Television
  • Mechanics and related jobs
  • Recreational vehicle sales
  • Institutions serving orphans
  • Forestry
  • Wreath makers
  • Employees who work in foreign countries
  • Petroleum distributors
  • Firefighters and law enforcement
  • Learners

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Read the basic requirements of the FLSA here.

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General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue. 

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