US Minimum Wage Exemptions under the Fair Labor Standards Act

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Exemptions under the Fair labor Standards Act (FLSA) are:

• Agricultural employees who are:
  
  • employed on a small farm - less than 500 'man days' work in any calender quarter. Definition 'man day': any day during which an employee performs agricultural work for at least an hour;
  • immediate family members of their employer;
  • principally engaged on the range in the production of livestock;
  • local hand harvest laborers who: - commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year;
  • non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.
• Babysitters on a casual basis.
• Companions for the elderly.
• Disabled workers.
• Employees of certain Seasonal and Recreational establishments, if:
  
  • the employer is an amusement or recreational establishment - for example he concessionaires at amusement parks and beaches - if it:
  • does not operate for more than seven months in any calendar year, or during the preceding calendar year, its
    
  • average receipts for any 6 months of the year are not more than 33 1/3 percentum of its average receipts for the other 6 months of such year
  • NOTE: central functions of an organization operating more than one such establishments - as in the case of employees of a central office, warehouse, garage - or commissary which serves a chain of exempt "amusement or recreational" establishments are not within the exemption.
• Executive, administrative, professional and outside sales employees (as defined in Department of Labor regulations), who are paid on a salary basis.
• Federal criminal investigators.
• Fishing.
• Homeworkers making wreaths.
• Newspaper delivery.
• Newspaper employees of limited circulation newspapers.
• Seamen on other than American vessels .
• Switchboard operators
  

Source Minimum Wage Exemptions