(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 overtime
pay 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 emloyees
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.)
