Vermont's Overtime Pay law is located in Title 21, Chapter 5, Subchapter 3 of the Vermont Statutes Annotated, in the sections below.

382. Coverage.

Employers employing two employees or more are covered by this subchapter.

383. Definitions.

Terms used in this subchapter have the following meanings, unless a different meaning is clearly apparent from the language or context:

(1) "Commissioner," the commissioner of labor and industry or designee;

(2) "Employee," any individual employed or permitted to work by an employer except:

(A) any individual employed in agriculture,

(B) any individual employed in domestic service in or about a private home,

(C) any individual employed by the United States,

(D) any individual employed in the activities of a public supported nonprofit organization, except laundry employees, nurses' aides or practical nurses,

(E) any individual employed in a bona fide executive, administrative or professional capacity,

(F) persons making home deliveries of newspapers or advertising,

(G) taxi-cab drivers,

(H) outside salespersons, and

(I) students working during all or any part of the school year or regular vacation periods.

(3) "Occupation," an industry, trade or business or branch thereof or class of work in which workers are gainfully employed.

384. Overtime rate.

(a) An employer shall not employ an employee at a rate less than $5.75 an hour, and after December 31, 2000, at a rate less than $6.25 an hour. If the minimum wage rate established by the United States government is greater than the rate established for Vermont for any year, the minimum wage rate for that year shall be the rate established by the United States government.

(b) Notwithstanding subsection (a) of this section, an employer shall not pay an employee less than one and one-half times the regular wage rate for any work done by the employee in excess of 40 hours during a workweek. However, this subsection shall not apply to:

(1) 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.

(2) Employees of an establishment which is an amusement or recreational establishment, if

(A) it does not operate for more than seven months in any calendar year, or

(B) 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.

(3) Employees of an establishment which is a hotel, motel or restaurant.

(4) 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:

(A) the employer pays the employee on a bi-weekly basis; and

(B) the employer files an election to be governed by this section with the commissioner; and

(C) the employee receives not less than one and one-half times the regular wage rate for any work done by the employee:

(i) in excess of eight hours for any workday; or

(ii) in excess of 80 hours for any bi-weekly period.

(5) 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.

(6) Those employees of a political subdivision of this state.

(7) State employees, who shall be covered by the U.S. Federal Fair Labor Standards Act.

(c) However, an employer may deduct from the rates required in subsections (a) and (b) of this section the amounts for board, lodging, apparel, rent or utilities paid or furnished or other items or services or such other conditions or circumstances as may be usual in a particular employer-employee relationship including gratuities as determined by the wage order made under this subchapter.

385. Administration.
The commissioner has full power and authority:

(1) To investigate and ascertain the wages of employees in any industry or occupation in the state except as provided in section 383 of this title;

(2) To enter the place of business or employment of any employer in any such industry or business in the state for the purpose of examining and inspecting any and all books, registers, payrolls and other records of any employer of employees that in any way appertain to or have a bearing upon the question of wages of any such employees and for the purpose of ascertaining whether the orders of the commissioner have been and are being complied with;

(3) To require from any employer full and correct statements in writing of the wages paid to all employees employed by that employer in any industry, business or occupation with the exceptions set forth in section 383 of this title;

(4) To recommend and determine the amount of deductions for board, lodging, apparel or other items or services supplied by the employer or such other conditions or circumstances as may be usual in a particular employer-employee relationship, including gratuities, provided, however, that in no case shall the total remuneration received by an employee, including wages, board, lodging, apparel or other items or services supplied by the employer, including gratuities, equal to less than the minimum wage rate set forth in section 384 of this title;

(5) To recommend a suitable scale of rates for learners, apprentices and persons with disabilities, which may be less than the regular minimum wage rate for experienced workers without disabilities.

393. Employers' records.

Every employer, subject to the provisions of this subchapter or of any regulation or order issued thereunder, shall keep a true and accurate record of the hours worked by each employee and of the wages paid to him and shall furnish to the commissioner upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner, his deputy or any authorized agent of the department at any reasonable time. Every employer subject to the provisions of this subchapter or of any regulation or order issued under the provisions thereof shall keep a copy of them posted in a conspicuous place in the area where employees are employed. The commissioner shall furnish copies of such orders and regulations to employers without charge.

394. Penalties.

(a) Any employer, subject to this subchapter or any regulations or orders issued thereunder, or any of the employer's agents or the officer or agent of any corporation who pays or permits to be paid or agrees to pay to any employee engaged in any industry or occupation less than the applicable rate to which the employee is entitled under this subchapter, shall be fined not more than $100.00 for each day the employee is paid less than the rate required under this subchapter.

(b) Any employer or any of the employer's agents or the officer or agent of any corporation, who fails to keep the records required under this subchapter, or refuses to permit the commissioner to enter the place of business, or who fails to furnish the records to the commissioner upon demand, shall be fined not more than $100.00.