Non-Exempt Employees

Overtime Exemptions

Exempt employees cannot receive overtime pay; non-exempt workers should receive time-and-a-half pay for every hour worked over 40 in a single workweek. Determining whether you are an exempt or non-exempt employee is not always simple. Workers should contact an overtime lawyer to determine their eligibility for overtime pay.

Exempt employees must meet a two-step test. First, the employee must be paid by salary and earn at least $455 per week. Next, the employee must meet one of the following overtime pay exemptions:

Executive Exemption: Employees meeting the executive exemption must manage the company or a department of the company; regularly direct the work of two or more full-time employees; and have the ability to hire or fire employees or the authority to influence such a decision.

Administrative Exemption: Employees under the administrative exemption must regularly perform office or non-manual work directly related to the company. They must also consistently exercise discretion and independent judgment in significant matters.

Learned Professional Exemption: Employees meeting the learned professional exemption must have a job requiring advanced knowledge in the areas of science and learning, typically acquired by an extended course of specialized study.

Computer Employee Exemption: Computer employees working as computer system analysts, computer programmers, software analysts or similar positions are typically exempt from overtime pay.

Outside Sales Exemption: Employees who primarily make sales away from the worksite are exempt from overtime pay.

Employers often misclassify employees into exempt categories to avoid paying overtime. Therefore, it is important to speak with an overtime lawyer to determine whether your job duties qualify you for overtime pay. For a free consultation with an overtime attorney, fill out our case evaluation form on the right.