Farm exemptionGiven the revised FLSA white-collar exemption regulations, and the associated December 1, 2016 hoop-la about the new $47,476 threshold, it is easy to get tunnel vision with those exemptions. If an employee doesn’t fit in them, they must be paid minimum wage and overtime, right? Not necessarily! Since they are often typical to a specific industry, I don’t even often think of them unless a client fits the mold. So, that is why I thought I would blog about the other, often forgotten exemptions. Yes, there are many other exemptions from either minimum wage, overtime, or both.  I won’t write about any one of these in detail, but certainly gives me ideas for future blogs (teaser!). Here they are:

  • Commissioned sales employees (must be retail or service establishment [these two terms are VERY specific and have their own exemptions] and more than half of income is commissions and average 1.5 times minimum wage)
  • Computer professionals (must make at least $27.63 per hour)
  • Drivers, driver’s helpers, loaders and mechanics employed by a motor carrier with duties affecting safety of operation of vehicles in interstate or foreign commerce (this gets sticky)
  • Farm workers on small farms (no more than 500 “man-days” (at least 1 hour of work in a day) of labor in any 3 month period during the previous calendar year)
  • Salesmen, partsmen and mechanics at automobile dealerships (this is actually under a lot of interpretations these days so be careful – ex.-  a mechanic shop may not be treated the same as a automobile dealership – even if related to the dealership)
  • Seasonal and recreational establishments
  • The DOL provides a list of others who are exempt from overtime (OT), minimum wage (MW) or child labor laws (CL) – while I try not to regurgitate material already available on the internet, this is too handy to not share:
    • Aircraft salespeople – OT
    • Airline employees – OT
    • Amusement/recreational employees in national parks/forests/Wildlife Refuge System – OT
    • Babysitters on a casual basis – MW & OT
    • Boat salespeople – OT
    • Buyers of agricultural products – OT
    • Companions for the elderly – MW & OT
    • Country elevator workers (rural) – OT
    • Workers with disabilities – MW
    • Domestic employees who live-in – OT
    • Farm implement salespeople – OT
    • Federal criminal investigators – MW & OT
    • Firefighters working in small (less than 5 firefighters) public fire departments – OT
    • Fishing – MW & OT
    • Forestry employees of small (less than 9 employees) firms – OT
    • Fruit & vegetable transportation employees – OT
    • Homeworkers making wreaths – MW, OT & CL
    • Houseparents in non-profit educational institutions- OT
    • Livestock auction workers – OT
    • Local delivery drivers and driver’s helpers – OT
    • Lumber operations employees of small (less than 9 employees) firms – OT
    • Motion picture theater employees – OT
    • Newspaper delivery – MW, OT & CL
    • Newspaper employees of limited circulation newspapers – MW & OT
    • Police officers working in small (less than 5 officers) public police departments – OT
    • Radio station employees in small markets – OT
    • Railroad employees – OT
    • Seamen on American vessels – OT
    • Seamen on other than American vessels – MW & OT
    • Sugar processing employees – OT
    • Switchboard operators – MW & OT
    • Taxicab drivers – OT
    • Television station employees in small markets – OT
    • Truck and trailer salespeople – OT
    • Youth employed as actors or performers – CL
    • Youth employed by their parents – CL

Also, keep in mind that these are federal FLSA exemptions. Minnesota state law may provide for more protection for employees and thus, the employee may be entitled to overtime (after 48 hours) and/or minimum wage, and/or not be allowed to work as a child in certain positions.

For example, while the FLSA exempts an automobile dealership salesperson, parts person or mechanic, Minnesota state law only allows the exemption if the individual is “paid on a commission or incentive basis” (otherwise the laws read exactly the same). So, you can see how 7 short words can change an entire scope of an exemption between federal and state law. This is why I get heartburn when Minnesota employers determine an exemption by Google search alone! Accordingly, if you think one of the above may apply, I would highly encourage you to dig deeper to be sure you know how the federal, state and courts are interpreting the exemption that you think may fit. And as I often say, if it seems too good to be true, it probably is.