Jim -
Here are the listed FLSA overtime exemptions:
Exempt from FLSA overtime coverage:
Certain commissioned employees of retail or service establishments;
Auto, truck, trailer, farm implement, boat or aircraft salespersons employed by non manufacturing establishments primarily engaged in selling these items to ultimate purchasers;
Auto, truck, or farm implement parts clerks and mechanics employed by non manufacturing establishments primarily engaged in selling these items to ultimate purchasers;
Railroad and air carrier employees, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;
Announcers, news editors and chief engineers of certain non metropolitan broadcasting stations;
Domestic service workers who reside in their employers’ residences;
Employees of motion picture theaters; and
Farmworkers.
Additional notes:
This is because the act contains an exemption called Section 13(b)(10)(a), which exempts from overtime all “salesmen, parts men, and mechanics” employed by an establishment primarily engaged in selling cars. (Note: Some states with overtime laws also exempt mechanics employed by dealerships, while others do not. This means that in states with no overtime law, where employers need only pay attention to the FLSA, as well as in states with overtime laws that include an exemption analogous to 13(a)(10)(a), mechanics employed by dealerships don’t have to be paid overtime. In states that have overtime laws but do not contain an exemption analogous to 13(b)(10)(a), mechanics employed by dealerships would have to get overtime under the state law. Employers in states that have state overtime laws should consult counsel familiar with such state laws to determine if they can be exempt or not.)
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