What types of positions are exempt from the overtime laws?
The following positions are usually classified as “exempt.” However, exemptions are narrowly construed against the employer asserting them, and the ultimate burden of supporting the actual application of an exemption rests with the employer. Commissioned sales employees of retail or service establishments if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked. Computer professionals who are paid at least $49.77 per hour for all hours worked. Prior to 2007, the amount was less. Effective January 1, 2008, the amount will change to $36.00 per hour. Employees of motor carriers if the employee’s duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. Employees of certain seasonal and recreational establishments Farmworkers employed on small farms. Salesmen and mechanics employed by automobile dealerships Exec
