Vermont Minimum Wage and Overtime Exemptions




Executive exemption

Vermont exempts bona fide executive employees from its minimum wage and overtime requirements; however, Vermont does not define the criteria for an employee to be deemed an executive employee. VT Statute 21-383(2)(E) The standards set forth by the federal Fair Labor Standards Act regarding executive employees may provide reasonable guidance.



Administrative exemption

Vermont exempts bona fide administrative employees from its minimum wage and overtime requirements; however, Vermont does not define the criteria for an employee to be deemed an administrative employee. VT Statute 21-383(2)(E) The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide reasonable guidance.




Professional exemption

Vermont exempts bona fide professional employees from its minimum wage and overtime requirements; however, Vermont does not define the criteria for an employee to be deemed a professional employee. VT Statute 21-383(2)(E) The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide reasonable guidance.



Outside salesman exemption

Vermont exempts outside sales persons from its minimum wage and overtime requirements; however, Vermont does not define the criteria for an employee to be deemed an outside sales person. VT Statute 21-383 The standards set forth by the federal Fair Labor Standards Act regarding outside sales employees may provide reasonable guidance.



Computer employee exemption

Vermont minimum wage laws do not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.



Other minimum wage and overtime exemptions

Vermont also exempts the following employee from its minimum wage and overtime requirements:

  • agriculture workers
  • taxi cab drivers
  • newspaper or advertisement home delivery persons
  • individuals employed in the activities of a publicly supported non-profit organization (except laundry employees and nurses’ aides or practical nurses)
  • individuals employed in a domestic service in or about a private home
  • individuals employed by the United States federal government

VT Statute 21-383(2)



Overtime only exemptions

Vermont exempts the following employees from its overtime requirements only. Employers are required to comply with any minimum wage obligations for the employees:

  • employees of any retail or service establishment. A “retail or service establishment” means an establishment 75 percent of whose annual volume of sales of goods or services, or of both, is not for resale and is recognized as retail sales or services in the particular industry.
  • employees of an establishment which is an amusement or recreational establishment, if:
    • it does not operate for more than seven months in any calendar year; or
    • during the preceding calendar year its average receipts for any six months of that year were not more than one-third of its average receipts for the other six months of the year.
  • employees of an establishment which is a hotel, motel, or restaurant.
  • employees of hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences, and residential care homes as those terms are defined in Title 18, provided:
    • the employer pays the employee on a biweekly basis; and
    • the employer files an election to be governed by this section with the commissioner; and
    • the employee receives not less than one and one-half times the regular wage rate for any work done by the employee:
      • in excess of eight hours for any workday; or
      • in excess of 80 hours for any biweekly period.
  • those employees of a business engaged in the transportation of persons or property to whom the overtime provisions of the Federal Fair Labor Standards Act do not apply, but shall apply to all other employees of such businesses.
  • those employees of a political subdivision of this state.
  • state employees who are covered by the U.S. Federal Fair Labor Standards Act.

VT Statute 21-384(b)