Exemptions: Overtime & minimum wage - Vermont

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

Some Vermont individuals are exempt from the minimum wage provisions: agricultural workers, domestics, federal employees, those in executive, administrative or professional positions, newspaper carriers, taxi drivers, and outside sales people.

The following individuals are exempt from Vermont's overtime provisions: employees of retail or service establishments, hotel, motel and restaurant workers, those employees who transport property or persons to whom the provisions of the Fair Labor Standards Act does not apply, and state employees.

State

Contact

Vermont Department of Labor and Industry Wage and Hour Program

Regulations

Vermont Statutes, Title 21 Labor, Chapter 5 Employment Practices

§383 Definitions

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees