(a) There are other exemptions from the minimum wage and/or
overtime requirements of the FLSA which may apply to certain employees
of public agencies. The following sections provide a discussion of some
of the major exemptions which may be applicable. This list is not
comprehensive.
(b) Section
7(k) of the Act provides a partial overtime pay exemption for public
agency employees employed in fire protection or law enforcement
activities (including security personnel in correctional institutions).
In addition, section 13(b)(20) provides a complete overtime pay
exemption for any employee of a public agency engaged in fire protection
or law enforcement activities, if the public agency employs less than
five employees in such activities. (See subpart C of this part.)
(c) Section
13(a)(1) of the Act provides an exemption from both the minimum wage and
overtime pay requirements for any employee employed in a bona fide
executive, administrative, professional, or outside sales capacity, as
these terms are defined and delimited in part 541 of this title. An
employee will qualify for exemption if he or she meets all of
the pertinent tests relating to duties, responsibilities, and salary.
(d) Section
7(j) of the Act provides that a hospital or residential care
establishment may, pursuant to a prior agreement or understanding with
an employee or employees, adopt a fixed work period of 14 consecutive
days for the purpose of computing overtime pay in lieu of the regular
7-day workweek. Workers employed under section 7(j) must receive not
less than one and one-half times their regular rates of pay for all
hours worked over 8 in any workday, and over 80 in the 14-day work
period. (See Sec. 778.601 of this title.)
(e) Section
13(a)(3) of the Act provides a minimum wage and overtimepay exemption
for any employee employed by an amusement or recreational establishment
if (1) it does not operate for more than 7 months in any calendar year
or (2) during the preceding calendar year, its average receipts for any
6 months of such year were not more than 33\1/3\ percent of its average
receipts for the other 6 months of such year. In
order to meet the requirements of section 13(a)(3)(B), the establishment
in the previous year must have received at least 75 percent of its
income within 6 months. The 6 months, however, need not be 6 consecutive
months. State and local governments operate parks and recreational areas
to which this exemption may apply.
(f) Section
13(b)(1) of the Act provides an exemption from the overtime pay
requirements for ``Any employee with respect to whom the Secretary of
Transportation has power to establish qualifications and maximum hours
of service pursuant to the provisions of section 204 of the Motor
Carrier Act, 1935.'' (recodified at section 3102, 49 U.S.C.). With
regard to State or local governments, this overtime pay exemption may
affect mass transit systems engaged in interstate commerce. This
exemption is applicable to drivers, driver's helpers, loaders, and
mechanics employed by a common carrier whose activities directly affect
the safety of operation of motor vehicles in the transportation on the
public highways of passengers or property. (See part 782 of this title.)
(g) Section
7(n) of the Act provides that, for the purpose of computing overtime
pay, the hours of employment of a mass transit employee do not include
the time spent in charter activities if (1) pursuant to a prior
agreement the time is not to be so counted, and (2) such charter
activities are not a part of the employee's regular employment.
(h) Additional
overtime pay exemptions which may apply to employees of public agencies
are contained in sections 13(b)(2) (employees of certain common carriers
by rail), 13(b)(9) (certain employees of small market radio and
television stations), and section 13(b)(12) (employees in agriculture)
of the Act. Further, section 13(a)(6) of the Act provides a minimum wage
and overtime pay exemption for agricultural employees who work on small
farms. (See part 780 of this title.)
