(a) The following employees are exempt from the overtime provisions of Arkansas Code§ 11-4-211(a):

1. (1) Any employee of an agricultural employer;
2. (2) Any employee with respect to whom the United States Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to 49 U.S.C. § 31502;
3. (3) Employee of an employer engaged in the operation of a rail carrier subject to 49 U.S.C. part A of subtitle IV;
4. (4) Employee of a carrier by air subject to the provisions of Title II of the federal Railway Labor Act;
5. (5) Individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state;
6. (6) Employee employed as a seaman;

7. (7) Employee employed as an announcer, news editor, or chief engineer by a radio or television station, the major studio of which is located in a city or town of:

   1. (A) One hundred thousand population (100,000) or less, according to the latest available decennial census figures as compiled by the United States Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Office of Management and Budget, which has a total population in excess of one hundred thousand (100,000); or
   2. (B) Twenty-five thousand (25,000) population or less which is part of such an area, but is at least forty (40) airline miles from the principal city in such an area;

8. (8) Any salesperson:

   1. (A) Parts person, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he or she is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to the ultimate purchaser; or
   2. (B) Primarily engaged in selling trailers, boats, or aircraft, if he or she is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to the ultimate purchaser;
9. (9) Employee employed as a driver or driver’s helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan;
10. (10) Employee employed in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water at least ninety percent (90%) of which was ultimately delivered for agricultural purposes during the preceding calendar year;
11. (11) Employee employed in connection with livestock auction operations, provided such employee is primarily employed during the week by the same employer in agriculture and is paid for his or her employment in connection with such livestock auction operations at a rate not less than the minimum wage rate prescribed by Arkansas Code § 11-4-210(a);
12. (12) Employee employed within the area of production by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm if no more than five (5) employees are employed in the establishment in such operations;
13. (13) Employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup;

14. (14) Employee engaged in the:

    1. (A) Transportation and preparation for transportation of fruits and vegetables, whether or not performed by the farmer, from the farm to a place of first processing, or first marketing within the state; or
    2. (B) Transportation, whether or not performed by the farmer, between the farm and any point within the state of persons employed or to be employed in the harvesting of fruits or vegetables;
15. (15) Driver employed by an employer engaged in the business of operating taxicabs;
16. (16) Employee of a public agency who in any workweek is employed in fire protection activities, or any employee who in any workweek is employed in law enforcement activities (including security personnel in correction institutions or jails), if the public agency employs during the workweek less than five (5) employees in fire protection or law enforcement activities, as the case may be;
17. (17) Employee who is employed in domestic service in a household and who resides in such household;

18. (18) Employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System if such employee:

    1. (A) Is an employee of a private entity engaged in providing services or facilities in such location; and
    2. (B) Receives compensation for employment in excess of fifty-six (56) hours in any workweek at a rate not less than one and one-half (1 1/2) times the regular rate at which he or she is employed; and
19. (19) Criminal investigator who is paid availability pay under 5 U.S.C. § 5545a.