Miscellaneous Exemptions

Editor's Note: In addition to the "white-collar exemptions," there also are overtime exemptions for outside salespersons, commissioned salespersons, transportation employees and more.

Michael Cardman Overview: Besides the better-known exemptions for executive, administrative and professional employees, the Fair Labor Standards Act (FLSA) also includes exemptions for:

  • Outside salespersons who customarily work outside the employer’s place of business;
  • Commissioned salespersons in retail or service establishments who derive most of their earnings from commissions;
  • Transportation employees, including certain truck drivers and pilots;
  • Farmers and other agricultural workers;
  • Employees of seasonal and recreational establishments, such as certain summer camps or ski resorts;
  • Companionship services providers;
  • Live-in domestic help; and
  • More.

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

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