The following jobs are specifically listed in the FLSA, 29 U.S.C.A. § 213 statute as non-exempt overtime:

  1. Certain employees of an employer engaged in the operation of a rail carrier
  2. Certain employee of a carrier by air
  3. Any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state
  4. Any employee employed as a seaman
  5. Any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located (A) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Office of Management and Budget, which has a total population in excess of one hundred thousand, or (B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area
  6. Any salesman, parts man, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a non-manufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers
  7. Any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a non-manufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers
  8. Any employee employed as a driver or driver’s helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan
  9. Any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year
  10. Any employee with respect to his employment in agriculture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at a wage rate not less than that prescribed by of this title
  11. Any employee employed within the area of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm, if no more than five employees are employed in the establishment in such operations
  12. Any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup
  13. Any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables
  14. Any driver employed by an employer engaged in the business of operating taxicabs
  15. Any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be
  16. Any employee who is employed in domestic service in a household and who resides in such household
  17. Any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children, who are orphans or one of whose natural parents is deceased, or who are enrolled in such institution and reside in residential facilities of the institution, while such children are in residence at such institution, if such employee and his spouse reside in such facilities, receive, without cost, board and lodging from such institution, and are together compensated, on a cash basis, at an annual rate of not less than $10,000
  18. Any employee employed by an establishment which is a motion picture theater
  19. Any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight
  20. Certain employees of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System
  21. Certain criminal investigators

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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