44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of this act shall not apply to:

(1) Any employee employed in a bona fide executive, administrative or professional capacity; or

(2) Anyone engaged in domestic service; or

(3) Any individual employed as an outside salesman; or

(4) Seasonal employees of a nonprofit camping program; or

(5) Any child under the age of sixteen (16) years working part time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or

(6) Any employee under the age of eighteen (18) years who is employed by an immediate family member or such family member’s business; or

(7) Any individual employed in agriculture if:

(a) Such employee is the parent, spouse, child or other member of his employer’s immediate family; or

(b) Such employee is older than sixteen (16) years of age and:

(i) Is employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and

(ii) Commutes daily from his permanent residence to the farm on which he is so employed, and

(iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; or

(c) Such employee is sixteen (16) years of age or under and:

(i) Is employed as a harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and

(ii) Is employed on the same farm as his parent or person standing in the place of his parent, and

(iii) Is paid at the same piece-rate basis as employees over the age of sixteen (16) years are paid on the same farm; or

(d) Such employee is principally engaged in the range production of livestock.

History:

[44-1504, added 1955, ch. 154, sec. 4, p. 301; am. 1959, ch. 59, sec. 1, p. 128; 1967, ch. 411, sec. 2, p. 1222; am. 1978, ch. 307, sec. 1, p. 770; am. 2001, ch. 70, sec. 2, p. 141; am. 2018, ch. 251, sec. 1, p. 581.]