Exempt & Non-Exempt Employees

Employees who work more than 40 hours in one week may be eligible for overtime pay. To determine overtime eligibility, these employees are placed into either "exempt" or "non-exempt" categories. Non-exempt employees are entitled to overtime pay, while exempt employees are not.

To be exempt from overtime pay, the employee must be paid on a salary basis at not less than $455 per week and meet one of the following overtime exemptions:

Administrative Exemption: Administrative employees are exempt from overtime pay if their primary task involves office work directly related to management procedures or general business operations. Administrative employees are also ineligible for overtime pay if they work in educational administration that is directly related to academic instruction.

Executive Exemption: Executive employees are paid on a salary basis; direct the work of two or more workers; perform management as their primary duty; and have the ability to hire and fire other employees.

Professional Exemption: Professional employees exhibit creativity and originality when working in artistic fields; teach and impart knowledge as a teacher at an educational institution; or use vastly specialized knowledge in computer programming and analysis. Professional employees typically participated in a prolonged course of study to obtain the advanced knowledge necessary for their career.

Outside sales employees and some computer professionals are also typically exempt from overtime pay.

If your position does not meet one of the above exemptions, you are probably eligible for overtime pay. While there are no clear rules regarding overtime pay, the following can be considered as general overtime guidelines:

• Workers making less than $23,600 per year are typically eligible for overtime pay
• Non-management workers in the construction, secretarial, maintenance and clerical fields are generally eligible for overtime pay
• Subject to a few exceptions, hourly workers should receive overtime pay
• Employees earning a salary of less than $455 per week should receive overtime pay

While job titles never determine overtime eligibility, certain positions are typically eligible for overtime pay including paralegals, customer service representatives, EMS workers, restaurant workers and IT employees.

The above are several guidelines regarding overtime exemptions. However, only an overtime lawyer can confirm your eligibility for overtime. Furthermore, many employers misclassify employees into an overtime exemption to avoid paying overtime. By contacting an overtime attorney, you can be sure that you are not falling victim to this common overtime scam. To find out if you are eligible for overtime pay, contact our overtime attorneys today.