It would be easy to say that 90 percent of jobs do not fall under these exemptions. Unfortunately, this is not true. As discussed in a previous article, overtime is not an automatic right for many jobs. This article will continue discussing the various exemptions from overtime.
This next list details jobs that are exempt only from overtime requirements:
- If you receive commissions as a sales employee (subject to some exceptions).
- Farm workers, employees in movie theaters and live-in domestic workers are all exempt.
- Taxi drivers, truck drivers, railroad, air carrier workers, seamen on American vessels and delivery drivers are all exempt from overtime.
Depending on your circumstances, if you are a salesperson or a driver, you are quite likely exempt from receiving overtime pay.
Sadly, there is a third category of jobs that are “partially” exempt from overtime. How partially exempt you are depends on the nature of your job and what you were doing at the time you accrued the potential overtime.
- Employees who work in hospitals and residential care establishments and work 14-day workweeks (assuming they get overtime when they exceed their hours).
- Employees who have not received a high diploma or equivalent and who are required by their employer to take remedial courses. Employers can require these remedial courses up to ten hours a week that will be paid at the normal wage rate, but not the overtime rate.
- Finally, workers who are involved in certain aspects in the operation of petroleum and agriculture commodities and distribution.
This category is essentially designed to cover jobs that have atypical scheduling systems. Jobs that require you work long “workweeks” or long “workdays.”
This area of law is ripe for abuse by employers. If you believe that your employer is unjustly classifying you as exempt from overtime, then you may have a valid claim. You may want to consult with an attorney to review your options. Knowing your rights is the first defense against unscrupulous bosses.
