Exempt Status Of Specific Jobs Under The FLSA

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Exempt Status of Specific Jobs Under the FLSA

This index of job titles and duties, which is not an exhaustive list, is provided to help you determine whether your job is covered by federal overtime law.

The presence or absence of a job title and/or duties on this list provides no indication either way as to exempt or nonexempt status. The occupations and corresponding job duties listed here are not automatically exempt. Unless an employee meets all of the tests for exemption, the employee is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).

Neither job titles nor job descriptions determine the exempt or nonexempt status of an employee. Whether any particular employee is exempt (not entitled to the minimum wage and overtime pay protections of the FLSA) is based on whether the employee’s compensation and specific job duties meet all the requirements of the regulations for the particular exemption claimed.

A

  • Accountant – prepares, analyzes and verifies financial documents in order to provide information to clients. Specific job duties vary widely among the four major fields of accounting: public, management, government and internal.
  • Accounting Clerk – posts details of transactions, totals accounts, computes interest charges; may monitor loans and accounts to ensure that payments are up to date; may also total, balance and reconcile billing vouchers; ensures completeness and accuracy of data on accounts. Workers who primarily perform clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work, such as that described are usually not exempt under the Regulations, Part 541.
  • Actuary – assembles and analyzes data to estimate the probability and likely cost of the occurrence of an event such as death, sickness, injury, disability or loss of property.
  • Ambulance Worker – rescues fire, crime or accident victims and may perform life-saving activities. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt ambulance worker employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Announcer – announces station program information, such as program schedules and station breaks for commercials or public service information; introduces and closes programs; may read prepared scripts or ad-lib commentary on the air; may interview guests and moderate panels or discussions; may also make promotional appearances and remote broadcasts for their stations. Employees of small radio and television stations are exempt from the overtime pay requirements under the FLSA, but may not be exempt under different state laws.
  • Appraiser (Insurance) – assesses the cost or value of an insured item, for example inspects damaged vehicles after an accident and estimates the cost of repairs.
  • Architect – designs the overall aesthetic and look of buildings and other structures; may be involved in all phases of development, from the initial discussion with the client through the entire construction process.
  • Artist – creates art to communicate ideas, thoughts or feelings; may use one or more of a variety of methods-painting, sculpting, or illustration-and an assortment of materials, including oils, watercolors, acrylics, pastels, pencils, pen and ink, plaster, clay, and computers.
  • Assistant Manager – the duties and responsibilities of assistant managers vary and may be determined by the industry in which the assistant manager works, the size of the business and/or the structure of the business (e.g., single establishment versus multi-establishment). An assistant manager whose primary duties or functions are ordinary production work or routine, recurrent or repetitive tasks is not exempt under the FLSA.
  • Athletic Trainer – evaluates injuries and illnesses of athletes; designs and administers care, treatment and rehabilitation.
  • Auditor – verifies the accuracy of an organization’s internal records and checks for mismanagement, waste or fraud. There are many types of specialized auditors, such as electronic data processing, environmental, engineering, legal, insurance premium, bank, and healthcare auditors.

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B

  • Barber – cuts, trims, shampoos and styles hair; may fit hairpieces and offer scalp treatments and facial massages. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
  • Bookkeeping Clerk – processes financial transactions and recordkeeping; records transactions, posts debits and credits, produces financial statements and prepares reports and summaries for supervisors and managers; prepares bank deposits by compiling data from cashiers, verifies and balances receipts, and sends cash, checks, or other forms of payment to the bank; may also process payroll, make purchases, prepare invoices and keep track of overdue accounts. Workers who primarily perform clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work, such as that described are usually not exempt under the FLSA.
  • Budget Analyst – provides advice and technical assistance in the preparation of annual budgets; monitors budgets by reviewing reports and accounting records to determine if allocated funds have been spent as specified.
  • Building Inspector – examines the construction, alteration or repair of buildings, highways and streets, sewer and water systems, dams, bridges and other structures to ensure compliance with building codes and ordinances, zoning regulations and contract specifications. Non-management public sector inspectors generally are not exempt under the FLSA.
  • Buyer – buys items for resale, determines which commodities or services are best, chooses the suppliers of the product or service, and negotiates the lowest price.

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C

  • Carpenter – cuts, fits, and assembles wood and other materials for the construction of buildings, highways, bridges, docks, industrial plants, boats and other structures. A carpenter’s duties vary by type of employer. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
  • Cartographer – measures, maps and charts the earth’s surface. The work involves performing geographical research, compiling data and producing maps.
  • Chef – may be responsible for all food service operations and also may supervise the many kitchens of a hotel, restaurant group or corporate dining operation. A chef de cuisine reports to an executive chef and is responsible for the daily operations of a single kitchen. A sous chef, or sub chef, is the second-in-command and runs the kitchen in the absence of the chef. The professional exemption is not available, however, to cooks who perform predominantly routine mental, manual, mechanical or physical work.
  • Computer Hardware Engineer – researches, designs, develops, and tests computer hardware and supervises the manufacture and installation. Hardware refers to computer chips, circuit boards, computer systems and related equipment such as keyboards, modems, and printers.
  • Computer Operator – performs duties that vary with the size of the installation, the type of equipment used, and the policies of the employer. Generally, operators control the console of either a mainframe digital computer or a group of minicomputers. Working from operating instructions prepared by programmers, users or operations managers, a computer operator sets controls on the computer and on peripheral devices required to run a particular job. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
  • Computer Programmer – writes, tests and maintains the detailed instructions, called programs, that computers must follow to perform their functions; may also conceive, design and test logical structures for solving problems by computer.
  • Computer Software Engineer – analyzes users’ needs and designs, constructs and maintains general computer applications software or specialized utility programs; may also coordinate the construction and maintenance of users’ computer systems.
  • Computer Support Specialist (also called technical support specialist and help-desk technician)- provides technical assistance, support and advice to customers and other users.
  • Computer Systems Analyst (also called system developer or system architect) – solves computer problems and applies computer technology to meet the individual needs of an organization; may plan and develop new computer systems or devise ways to apply existing systems’ resources to additional operations; may also design new systems, including both hardware and software, or add a new software application to harness more of the computer’s power. Most systems analysts work with specific types of systems-for example, business, accounting or financial systems, or scientific and engineering systems-that vary with the kind of organization.
  • Cook – measures, mixes and cooks ingredients according to recipes, using a variety of pots, pans, cutlery and other equipment, including ovens, broilers, grills, slicers, grinders and blenders. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the Regulations, Part 541.
  • Correctional Officer – detains or supervises suspects and convicted criminals. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt correctional officer employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Cosmetologist – provides beauty services, such as shampooing, cutting, coloring and styling hair; may advise clients on how to care for their hair, straighten hair or give it a permanent wave, or lighten or darken hair color; may also give manicures, pedicures, and scalp and facial treatments; provides makeup analysis; and cleans and styles wigs and hairpieces. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the Regulations, Part 541.
  • Cost Estimator – develops cost information used by business owners or managers in making contract bids or determining whether a proposed new product will be profitable.
  • Customer Service Representative – serves as a direct point of contact for customers; is responsible for ensuring that the company’s customers receive an adequate level of service or help with their questions and concerns; and interacts with customers to provide information in response to inquiries about products or services and to handle and resolve complaints.

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D

  • Database Administrator – determines ways to organize and store data; identifies user requirements, sets up computer databases, and tests and coordinates modifications to systems; ensures performance of the system, understands the platform on which the database runs, and adds new users to systems; may also design and implement system security and plan and coordinate security measures.
  • Dental Hygienist – cleans patients’ teeth, teaches patients how to practice good oral hygiene, and provides other preventive dental care; takes and develops dental x rays; and applies cavity-preventive agents such as fluorides and pit and fissure sealants.
  • Detective – conducts investigations or inspections for violations of law; may include performing surveillance, pursuing, restraining and apprehending suspects, interviewing witnesses and suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt detective employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Deputy Sheriff – prevents or detects crimes, conducts investigations or inspections for violations of law; may perform surveillance, pursuing, restraining or apprehending suspects, interviewing witnesses and suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt deputy sheriff employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.

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E

  • Economist – conducts research, collects and analyzes data, monitors economic trends, and develops forecasts.
  • Editor – examines proposals and selects material for publication or broadcast and reviews and revises a writer’s work for publication or dissemination. Employees of small newspapers are exempt from the minimum wage and overtime pay requirements under the FLSA, but may be entitled to overtime pay under state law. For more information, contact Werman Salas P.C.
  • Education Administrator – sets educational standards and goals and establishes the policies and procedures to carry them out; supervises managers, support staff, teachers, counselors, librarians, coaches and others; develops academic programs; monitors students’ educational progress; trains and motivates teachers and other staff; manages guidance and other student services; administers recordkeeping; prepares budgets; handles relations with parents, prospective and current students, employers and the community.
  • Electrician – installs electrical systems in factories, office buildings, homes and other structures; may install low voltage wiring systems (e.g., voice, data and video wiring systems) and coaxial or fiber optic cable; may also perform preventive maintenance. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
  • Embalmer – prepares the deceased for interment.
  • Emergency Medical Technician (EMT) – rescues fire, crime or accident victims and may perform life saving activities. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A non-exempt EMT employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Engineer – applies the theories and principles of science and mathematics to research and develops economical solutions to technical problems. Engineering specialties include: aerospace; agricultural; biomedical; chemical; civil; computer hardware; electrical and electronics, except computer; environmental; industrial, including health and safety; materials; mechanical; mining and geological, including mining safety; nuclear; and petroleum engineering.
  • Executive Assistant – performs fewer clerical tasks than do secretaries; arranges conference calls and schedules meetings; may conduct research; prepares statistical reports and trains employees.

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F

  • Financial Advisor (also called financial planners or financial consultants) – uses knowledge of investments, tax laws, and insurance to recommend financial options to individuals in accordance with the individual’s short-term and long-term goals (e.g., retirement and estate planning, funding for college, and general investment options).
  • Financial Analyst – gathers and analyzes financial information; may make recommendations to clients; may also assess the economic performance of companies and industries for firms and institutions with money to invest.
  • Fire Fighter – prevents, controls or extinguishes fires of any type and rescues fire or accident victims. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt fire fighter employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Funeral Director – arranges the details and handles the logistics of funerals.

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G

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H

  • Hazardous Materials Worker – identifies, removes, packages, transports and disposes of various hazardous materials, including asbestos, lead and radioactive and nuclear materials. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt hazardous materials worker employed by a local government jurisdiction (e.g. city or county government) may be subject to special overtime rules for public sector employees.
  • Highway Patrol Officer – prevents or detects crimes, conducts investigations or inspections for violations of law; may perform surveillance, pursuing, restraining or apprehending suspects, interviewing witnesses and suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt highway patrol officer employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
  • Hotel Desk Clerk – registers arriving guests, assigns rooms, and checks out guests at the end of their stay. Workers who primarily perform clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work are usually not exempt under the FLSA.
  • Human Resources – duties vary widely, depending on the employer’s needs; may handle employee benefits questions and recruit, interview and hire new personnel in accordance with established policies and requirements.

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I

  • Insurance Claims Adjuster – plans and schedules the work required to process a claim; investigates claims by interviewing the claimant and witnesses, consulting police and hospital records and inspecting property damage to determine the extent of the company’s liability; may also consult with accountants, architects, construction workers, engineers, lawyers and physicians; negotiates with the claimant to settle the claim and may assist in litigation.
  • Insurance Claims Examiner – reviews insurance claims submitted to ensure that proper guidelines have been followed; may assist adjusters with complex and complicated claims or when a disaster suddenly greatly increases the volume of claims.
  • Insurance Underwriter – identifies and calculates the risk of loss from policyholders, establishes appropriate premium rates, and writes policies that cover these risks.
  • Insurance Sales Agent – sells one or more types of insurance, such as property and casualty, life, health, disability and long-term care; may also offer comprehensive financial planning services, such as retirement planning, estate planning or assistance in setting up pension plans for businesses.
  • Iron Worker – places and installs iron or steel girders, columns and other construction materials to form buildings, bridges and other structures; positions and secures steel bars or mesh in concrete forms in order to reinforce the concrete used in highways, buildings, bridges, tunnels, and other structures; may also repair and renovate older buildings and structures. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.

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J

  • Journalist – see
  • Announcer,
  • Editor,
  • Reporter, or
  • Writer

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    K

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    L

    • Laborer – cleans and prepares sites to eliminate possible hazards; loads, unloads, identifies and distributes materials to the appropriate location according to project plans and specifications; may also tend machines; and often helps other craftworkers. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
    • Lawyer – may represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client; may counsel clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters.
    • Librarian – assists people in finding information and using it effectively for personal and professional purposes.
    • Licensed Practical Nurse (LPN) (also called Licensed Vocational Nurse (LVN)) – provides basic bedside care, taking vital signs such as temperature, blood pressure, pulse and respiration. LPNs and other similar health care employees generally do not meet the specialized training requirement to qualify as exempt professionals and therefore are entitled to overtime pay.
    • Longshore Worker – loads or unloads cargo, operates cargo-related equipment and may handle the mooring lines on the dock when the vessel is made fast or let go. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the Regulations, Part 541.

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    M

    • Management Analyst – analyzes and proposes ways to improve an organization’s structure, efficiency or profits; may specialize in a specific industry, such as healthcare or telecommunications, or specialize by type of business function, such as human resources, marketing, logistics or information systems.
    • Manager – the duties and responsibilities of managers vary and may be determined by the industry in which the manager works, the size of the business and/or the structure of the business (e.g., single establishment versus multi-establishment).
    • Maintenance Worker – performs various tasks related to the upkeep of equipment and/or property. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
    • Mechanic – uses various techniques to diagnose the source and extent of a mechanical problem and makes repairs. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
    • Medical Technician/Technologist – duties vary by specialty, e.g., clinical laboratory technologist and technician, nuclear medical technologist, cardiovascular technologist and technician, etc.
    • Musician – plays musical instruments, sings and/or composes or arranges music.

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    N

    • Nurse – see
    • Licensed Practical Nurse (LPN) or
    • Registered Nurse (RN)

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      O

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      P

      • Paralegal – helps lawyers prepare for closings, hearings, trials and corporate meetings; investigates the facts of cases and ensures that all relevant information is considered; identifies appropriate laws, judicial decisions, legal articles and other materials that are relevant to assigned cases; and may prepare written reports that attorneys use in determining how cases should be handled.
      • Paramedic – responds to medical emergencies and accidents and may perform life saving activities. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt paramedic employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Park Ranger – prevents or detects crimes, conducts investigations or inspections for violations of law and may perform surveillance, pursuing, restraining or apprehending suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A non-exempt park ranger employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Parole or Probation Officer – detains or supervises suspects and convicted criminals. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt parole or probation officer employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Personnel Clerk – maintains the personnel records of an organization’s employees and may perform a variety of other clerical duties, including answering telephone or written inquiries, sending out announcements of job openings, issuing application forms and screening job applicants. Workers who primarily perform clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work, such as that described are usually not exempt under the FLSA.
      • Pharmacist – dispenses drugs prescribed by physicians and other health practitioners and provides information to patients about medications and their use.
      • Photographer – produces and preserves images that paint a picture, tell a story or record an event.
      • Physician – diagnoses illnesses and prescribes and administers treatment for people suffering from injury or disease; examines patients, obtains medical histories, and orders, performs, and interprets diagnostic tests.
      • Physician Assistant – works under the supervision of a physician and provides diagnostic, therapeutic and preventive healthcare services.
      • Plumber – installs and repairs the water, waste disposal, drainage, and gas systems in homes and commercial and industrial buildings; also installs plumbing fixtures-bathtubs, showers, sinks, and toilets-and appliances such as dishwashers and water heaters. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
      • Police Officer – prevents or detects crimes, conducts investigations or inspections for violations of law; may perform surveillance, pursuing, restraining or apprehending suspects, interviewing witnesses and suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt police officer employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Product Promoter – creates public interest in buying a product by demonstrating it to prospective customers and answering their questions. Product demonstration is a technique used to introduce new products and/or promote sales of old products because it allows face-to-face interaction with potential customers. F
      • Production Line Worker – duties vary depending on the industry in which the employee works. Workers who primarily perform work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA.
      • Public Relations Specialist – handles organizational functions such as media, community, consumer, industry and governmental relations; political campaigns; interest-group representation; conflict mediation; or employee and investor relations.

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      Q

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      R

      • Registered Nurse (RN) – may work in a variety of health care settings. Provides direct patient care; observes, assesses and records symptoms, reactions and progress in patients; assists physicians during surgeries, treatments and examinations; administers medications; and assists in convalescence and rehabilitation; may also develop and manage nursing care plans and instruct patients and their families in proper care.
      • Relief Supervisor – may also be called working supervisor; the duties and responsibilities of relief supervisors vary and may be determined by the industry in which the relief supervisor works, the size of the business and/or the structure of the business (e.g., single establishment versus multi-establishment). Workers who primarily perform work involving repetitive operations with their hands, physical skill and energy and only occasionally perform some managerial duties or responsibilities are not exempt under the FLSA.
      • Reporter – investigates leads and news tips, looks at documents, observes events at the scene and interviews people; organizes the material, determines the focus or emphasis and writes the story. Employees of small newspapers are exempt from the minimum wage and overtime pay requirements under the FLSA
      • Rescue Worker – rescues fire, crime or accident victims. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt rescue worker employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Retail Salesperson – assists customers in finding what they are looking for and tries to interest them in buying the merchandise; may also include making out sales checks; receiving cash, checks and charge payments; bagging or packaging purchases; and giving out change and receipts. Employees performing “inside” sales work are not exempt under the FLSA. Certain employees performing inside sales work may be subject to overtime pay exemption under section 7(i) of the FLSA.

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      S

      • Sales Representative, Wholesale and Manufacturing – travels to and visits with prospective buyers and current clients; discusses the client’s needs and suggests how their merchandise or services can meet those needs; may show samples or catalogs that describe items their company stocks and inform customers about prices, availability, and ways in which their products can save money and improve productivity.
      • Singer – interprets music, using knowledge of voice production, melody and harmony.
      • Social Worker – helps people function in their environment, deal with their relationships and solve personal and family problems; often provide social services in health-related settings that are governed by managed care organizations.
      • State Trooper – prevents or detects crimes, conducts investigations or inspections for violations of law; may perform surveillance, pursuing, restraining or apprehending suspects, interviewing witnesses and suspects. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the FLSA. A nonexempt state trooper employed by a local government jurisdiction (e.g., city or county government) may be subject to special overtime rules for public sector employees.
      • Statistician – applies mathematical and statistical knowledge to the design of surveys and experiments; collects, processes and analyzes data; and interprets the results.
      • Supervisor – see
      • Manager
      • Surveyor – establishes official land, air space and water boundaries; writes descriptions of land for deeds, leases and other legal documents; defines airspace for airports; and measures construction and mineral sites.

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      T

      • Teacher – instructs students in a wide variety of academic subjects depending on the level at which the teacher is employed (e.g., elementary, secondary or higher schools).
      • Travel Agent – gives advice on destinations and makes arrangements for transportation, hotel accommodations, car rentals, tours and recreation; may advise on weather conditions, restaurants, tourist attractions and recreation. For international travel, may also provide information on customs regulations, required papers (passports, visas, and certificates of vaccination), and currency exchange rates. Workers who primarily perform clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work, such as that described are usually not exempt under the FLSA.

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      U

      • Urban Planner – promotes the best use of a community’s land and resources for residential, commercial, institutional, and recreational purposes; may be involved in various other activities, including making decisions relating to establishing alternative public transportation systems, developing resources, and protecting ecologically sensitive regions.

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      V

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      W

      • Writer – develops original fiction and/or nonfiction for books, magazines, trade journals, online publications, company newsletters, radio and television broadcasts, motion pictures or advertisements. Employees of small newspapers are exempt from the minimum wage and overtime pay requirements under the FLSA, but might be covered under applicable state law.

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      X

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      Y

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      Z

      Questions? Contact an overtime lawyer at Werman Salas P.C.