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Totally Exempt Workers


The following categories of workers are excluded from the definition of "employee" under the Fair Labor Standards Act and thus do not have the benefit of any of the provisions of the FLSA:

  1. Congressional interns - Section 203(e)(2)(A), in conjunction with Section 203(a)(2) of the Congressional Accountability Act of 1995, which made most employees of Congress subject to the FLSA

  2. Employees of the United States Postal Service or the Postal Rate Commission - Section 203(e)(2)(B)

  3. Employees of States, political subdivisions of States, or interstate governmental agencies who are exempt from the civil service laws of their States and who are either elected officeholders of the State or subdivision or else are selected by such officeholders to serve on their personal staff, are appointed by such officeholders to a policymaking position, serve as an immediate advisor to such officeholders regarding constitutional or legal powers of the office in question (such as a general counsel), or are employed by the legislature of the State or political subdivision (except for employees of the legislative library of such a State or political subdivision) - Section 203(e)(2)(C)

  4. Independent contractors

  5. Volunteers for public agencies of States, political subdivisions of States, or interstate governmental agencies under certain conditions - Section 203(e)(4)

  6. Volunteers at community food banks who are paid with groceries - Section 203(e)(5)

  7. Volunteers for non-profit religious, charitable, and civic organizations

  8. Certain trainees

  9. Prisoners in jail or correctional institutions

  10. Church members performing religious duties


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