Overtime Law

Overtime Pay Guidelines

The following are general overtime pay guidelines regarding exemptions and non-exemptions for overtime pay.

• Any employee who receives less than $23,600 annually is entitled to overtime pay.
• Non-management employees performing maintenance, construction, installation, production, repair, clerical, secretarial and kitchen work are usually entitled to overtime pay.
• Although there are a few, rare exceptions, all hourly employees should receive overtime pay.
• Most commissioned employees are entitled to overtime, except for those who regularly travel.
• Salaried employees earning less than $455 per workweek are always entitled to overtime.
• Salaried employees who earn more than $455 per workweek are entitled to overtime unless their job duties qualify them for an exemption, including executive, professional, administrative, computer-related or outside sales.

While job titles never determine eligibility for overtime, certain positions almost always qualify, including file clerks, paralegals, insides salespeople, customer service representatives, IT/help desk and accounts payable/receivable representatives. For more on overtime pay law, visit our overtime FAQs.

If you have been denied overtime pay and are a non-exempt employee, fill out our free overtime case evaluation form.