Claiming exemption from paying overtime and minimum wage is a risky proposition for employers. Failing to pay minimum wage and overtime can create substantial legal exposure. The following jobs are specifically listed in the FLSA, 29 U.S.C.A. § 213 statute as non-exempt from minimum wage and overtime:

  1. Certain employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center

  2. Any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee

  3. Certain employee employed in agriculture

  4. Any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto

  5. Any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations

  6. Any employee employed as a seaman on a vessel other than an American vessel

  7. Any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves

  8. Certain criminal investigators who is paid availability pay (b) Maximum hour requirements

    The overtime lawyers of the Tran Law Firm represents clients who have not been fairly paid. If you think you are owed back pay or had illegal deductions made from your wages, contact the overtime lawyers at the Tran Law Firm to review your overtime case.

    Call 713-223-8855 or Complete the form below

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