Exemptions from Overtime Provisions of the FLSA

Overtime Laws

Most employers are required by the Fair Labor Standards Act or FLSA to pay employees overtime if they have worked over 40 hours in a week.

Under the FLSA, there is no limit to the number of hours an employee has to work in a day, or the number of days in a week. Employers may require their employees to work more than the regular eight-hour workday or 40-hour workweek, as long as the employee is not less than 16 years old.

All employees covered by the FLSA should be paid for all hours worked in a week. Generally, the hours worked that are compensable include the time an employee is permitted to work, on duty, or at an ordered place of work, including:

• Work done at home
• Travel time
• Waiting time
• Training period
• Probationary period

Exemptions from Overtime

The rule that requires employers to pay overtime to employees who worked for more than 40 hours in a week has exceptions. Here are the industries and workers exempt from overtime provisions of the FLSA:

1. Retail or Service Establishment
   • Retail Salesperson on Commissions – Those whose regular pay rate exceeds the minimum wage. Over one-half of the compensation of salespersons represents commissions on services or goods.
   • Non-Manufacturing Retailers of Farm Implements, Aircraft, Automobiles, and Other Motor Vehicles – Mechanics and salesmen who work for non-manufacturing establishments that are engaged in the sale of aircrafts, boats, trailers, farm implements, or vehicles to purchasers.


2. Agricultural and Other Related Industries
   • Small Logging Crews – Employees who are employed in transporting logs, cutting down timber, or planting trees, if the number of employees employed by one’s employer doesn’t exceed eight.
   • Livestock Auction Activities – Those who perform work that are related to livestock auctions.
   • Employees Engaged in the Operation of Nonprofit Irrigation Facilities or in Agriculture – Employees who work in agriculture and those who are engaged in the operation of reservoirs or canals, which are not operated or owned for profit, and are used solely for agricultural purposes.


3. Transportation Industry
   • Railroads – Workers of employers who are subject to the terms of Part I of the Interstate Commerce Act and are engaged in the undertaking of a common carrier by rail.
   • Motor Carriers – Employees of motor carriers whose maximum hours of work and minimum qualifications under the Motor Carrier Act can be regulated by the Secretary of Transportation.
   • Airlines – Workers of air carriers that are engaged in the transportation of the U.S. mail or in foreign or interstate commerce (subject to the Railway Labor Act).


4. Live-In Domestics
   • Employees in Domestic Service – Workers who are employed in domestic service and live in the household where they work.


5. Private Industry
   • Partial Exemption for Employers subject to some Collective Bargaining Agreements – Employers who are involved in collective bargaining agreements, which specify a particular maximum number of hours of work under wage plans for employees who are covered.
   • Public Sector Exemptions for Law Enforcement Personnel, Firefighters, and Some Small Agencies – Employees of public agencies that provide police or fire protection and employ less than five employees are provided with complete overtime exemption. Public agencies that fail to qualify might be eligible for partial overtime exemption.

Overtime Violations

Claims may be filed against employers who fail to comply with the overtime provisions under the FLSA. If you work overtime but are unpaid for your labor, it is advisable that you get help from an attorney who may assist you in your legal concerns.