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Pennsylvania Statutes Title 43 P.S. Labor § 333.105. Exemptions

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(a) Employment in the following classifications shall be exempt from both the minimum wage and overtime provisions of this act:

(1) Labor on a farm;

(2) Domestic services in or about the private home of the employer;

(3) Delivery of newspapers to the consumer;

(4) In connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published or counties contiguous thereto;

(5) In a bona fide executive, administrative, or professional capacity (including any employe employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools) or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the secretary, except that an employe of a retail or service establishment shall not be excluded from the definition of employe employed in a bona fide executive or administrative capacity because of the number of hours in his or her workweek which he or she devotes to activities not directly or closely related to the performance of executive administrative activities, if less than forty percent of his or her hours worked in the workweek are devoted to such activities);

(6) In the activities of an educational, charitable, religious or nonprofit organization where the employer-employe relationship does not in fact exist or where the services are rendered to such organization gratuitously;

(7) In seasonal employment, if the employe is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year;

(8) Repealed by 1988, Dec. 15, P.L. 1232, No. 150, § 3 , effective Feb. 1, 1989.

(9) In employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (i) it does not operate for more than seven months in any calendar year, or (ii) during the preceding calendar year, its average receipts for any six months of such year were not more than thirty-three and one-third percent of its average receipts for the other six months of such year;

(10) Golf caddy;

(11) In employment as a switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations;

(12) Employes not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to him or her, or are appointed by him or her to serve on a policy-making level.

(b) Employment in the following classifications shall be exempt from the overtime provisions of this act:

(1) Seaman;

(2) Any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers;

(3) Any driver employed by an employer engaged in the business of operating taxicabs;

(4) Any employe employed as an announcer, news editor, or chief engineer by a radio or television station, the major studio of which is located (i) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Bureau of the Budget, which has a total population in excess of one hundred thousand, or (ii) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least forty airline miles from the principal city in such area;

(5) Any employe engaged in the processing of maple sap into sugar (other than refined sugar) or syrup;

(6) Employment by an establishment which is a motion picture theatre;

(7) Any employe of a motor carrier with respect to whom the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. § 3102(b)(1) and (2) (relating to requirements for qualifications, hours of service, safety and equipment standards).

(8) The hours of an employe of an air carrier subject to the provisions of Title II of the Railway Labor Act (Public Law 69-257, 44 Stat. 577, 45 U.S.C. § 181 et seq. ) when:

(i) the hours are voluntarily worked by the employe pursuant to a shift-trading practice under which the employe has the opportunity to reduce hours worked in any workweek by voluntarily offering a shift for trade or reassignment;  or

(ii) the required hours of work, wages and overtime compensation have been agreed to either in a collective bargaining agreement between the employer and labor organization representing employes for purposes of collective bargaining or pursuant to a voluntary agreement or understanding arrived at between the employer and employe.

(c) (1) Notwithstanding the provisions of section 4(a)(7)   1 and (8)   2, an employer unless otherwise exempt from the minimum wage provisions of section 4(a)(6) whose employe complement is composed of the equivalent of ten or less full-time employes to be calculated on a forty-hour workweek shall pay:

(i) Five dollars sixty-five cents ($5.65) an hour beginning January 1, 2007.

(ii) Six dollars sixty-five cents ($6.65) an hour beginning July 1, 2007.

(2) Such employer shall pay the full amount of the minimum wage under section 4(a)(8) beginning July 1, 2008.

1 43 P.S. § 333.104.
2 43 P.S. § 333.108.

Cite this article: - Pennsylvania Statutes Title 43 P.S. Labor § 333.105. Exemptions - last updated January 01, 2019 |

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