Employers employing two or more employees are covered by Vermont's overtime pay law. In Vermont, overtime is generally due after 40 hours of work in a workweek. However, standards of eight hours daily or 80 hours biweekly apply to hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences and community care homes. Overtime exemptions exist for agricultural employees; domestic service employees in or about private homes; certain persons working for publicly supported nonprofit organizations; newspaper or advertising delivery persons; taxicab drivers; executive, administrative or professional employees; outside salespersons; students working during all or part of the school year or regular vacations; retail or service establishments; seasonal amusement or recreational establishments; hotels, motels and restaurants; employees of a business engaged in the transportation of persons or property to whom the federal overtime pay standards do not apply; and employees of a political subdivision.
For purposes of determining whether an employee is properly classified as a bona fide executive, administrative, or professional employee under Vermont law, the Department of Labor and Industry will continue to consider the federal rules interpreting white collar exemptions that were in place when the Vermont legislature adopted the white collar exemption, together with any case law interpreting the provisions, as instructive.