§ 333.105. Exemptions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: October 3, 2012
Effective: October 3, 2012
43 P.S. § 333.105
§ 333.105. Exemptions
(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);
(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;
(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;
(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;
(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), 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:
Credits
1968, Jan. 17, P.L. 11, No. 5, § 5. Amended 1974, Dec. 10, P.L. 916, No. 303, § 3; 1978, July 1, P.L. 735, No. 135, § 3, effective July 16, 1978; 1988, Dec. 15, P.L. 1232, No. 150, § 3, effective Feb. 1, 1989; 1990, July 9, P.L. 348, No. 79, § 2, imd. effective, retroactive to Feb. 1, 1989; 2006, July 9, P.L. 1077, No. 112, § 2, imd. effective; 2012, July 5, P.L. 987, No. 109, § 2, effective in 90 days [Oct. 3, 2012].
Footnotes
43 P.S. § 333.104.
43 P.S. § 333.105, PA ST 43 P.S. § 333.105
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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