Overview: Besides the better-known exemptions for executive, administrative and professional employees, the Fair Labor Standards Act (FLSA) also includes exemptions for:
Some are exemptions from both the minimum wage and overtime requirements of the FLSA; others are exemptions only from the overtime requirements.
Trends: The most significant development in this area in many years came in 2012 when the US Supreme Court ruled that outside salespersons do not necessarily need to transfer a title or directly consummate a transaction to be exempt from the minimum wage and overtime requirements of the FLSA. This made clear that pharmaceutical sales representatives and other similar employees who make "arrangements that are tantamount, in a particular industry, to a paradigmatic sale of a commodity" can qualify for the exemption.
Author: Michael Cardman, Legal Editor
Updated to reflect an amendment to the minimum wage and overtime exemptions, effective July 3, 2019.
Updated to reflect the repeal of a minimum wage and overtime exemption, effective June 14, 2019.
Updated to reflect proposed rules that would increase the minimum salary and update the duties tests for most overtime-exempt workers.
Updated to reflect an amendment to the overtime exemptions, effective May 21, 2019.
Updated to reflect information on a Supreme Judicial Court of Massachusetts ruling concerning the scope of the overtime exemption for employees engaged in agricultural and farm work.
HR and legal considerations for employers regarding miscellaneous FLSA overtime exemptions.