Workers Employees Exempt from Federal Laws Overtime Time Pay

Free legal advice. Call now: 800-484-4610

We invite your attention to our disclaimer.


The following are examples of employees exempt from federal laws overtime pay requirements only:

  • Employees of motion picture theaters

  • Announcers, news editors, and chief engineers of certain non metropolitan broadcasting stations

  • Domestic service employees solely employed by the individual, family, or household receiving services (not an agency or other third party employer) who reside in the private home where they provide services

  • Certain commissioned employees of retail or service establishments

  • Farmworkers

  • 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


Certain employees may be partially exempt from the overtime pay requirements. These include:

  • Employees of hospitals and residential care establishments that have agreements with the employees that they will work 14 day periods in lieu of 7 day workweeks (if the employees are paid overtime premium pay as required by the Act for all hours worked over eight in a day or 80 in the 14 day work period, whichever is the greater number of overtime hours)

  • Employees who lack a high school diploma, or who have not completed the eighth grade, who spend part of their workweeks in remedial reading or training in other basic skills that are not job specific. Employers may require such employees to engage in these activities up to 10 hours in a workweek. Employers must pay regular wages for the hours spent in such training but need not pay overtime premium pay for training hours

  • Employees engaged in certain operations on agricultural commodities and employees of certain bulk petroleum distributors