Top 5 Bizarre Exemptions under the Fair Labor Standards Act (FLSA)

Most employers are familiar with the standard FLSA exemptions for administrative, professional, or executive employees, but there are a number of lesser-known FLSA exemptions that are, frankly, weird.  Here is a list of my top five oddball FLSA exemptions:

  1. Any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup;
  2. Any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, 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. Any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations;
  4. Any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; and
  5. Any employee employed by an establishment which is a motion picture theater.

See 29 U.S.C. § 213(a–b).

Takeaway:  If you have employee engaged in the processing of maple sap into sugar, make sure it’s not refined sugar – otherwise, you’ll need to pay overtime.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on September 3, 2013, in Wage and Hour and tagged . Bookmark the permalink. Leave a comment.

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