Exemptions from Minnesota Overtime Pay Requirements Types of employees that may be designated as exempt under Minnesota law.
The Minnesota Fair Labor Standards Act, which includes workers’ rights to minimum wage, overtime and other workplace protections, contains exemptions for more than 20 types of workers, including: nonprofit volunteers; elected officials; police and firefighters; seasonal fair, carnival and ski facility workers (overtime exempt only); clergy working in schools, hospitals or nonprofits operated by a church or religious order; certain agricultural workers, if paid on a salary basis; outside salespersons; and
executive, administrative and professional employees. • Executive, administrative and professional exemptions
Positions designated under one of these common exemptions must be paid a guaranteed and predetermined weekly salary and perform certain job duties to be exempt from Minnesota's overtime law. It is important to emphasize that paying an employee a salary or using a certain job title, such as supervisor, does not make a worker exempt without meeting the “duties tests.” The duties tests and salary amounts can be found in Minn. Rules 5200.0180 -- Executive, administrative and professional personnel and: Executive tests (Minn. Rules -- 5200.0190)
Administrative tests (Minn. Rules -- 5200.0200) Professional tests (Minn. Rules -- 5200.0210)
• Outside Sales Worker: "Salesperson" is defined as one who makes sales of, or obtains orders or contracts for, materials, services, or the use of facilities for which payment will be made. Incidental deliveries, collections, and other nonsales or nonsolicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson. An outside salesperson is hired for the express purpose of performing such duties away from the employer's place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of nonoutside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons.
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