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Determining Eligibility for Overtime Pay
Job titles are irrelevant in determining who receives overtime pay. Eligibility is based on occupations, wages or salaries and job duties. Common overtime pay exemptions include white collar exemption for administrative, professional and executive employees, computer professionals, retail or service organizations and outside salespeople.
To be an exempt employee, you must be paid weekly (at least $250 per week) and meet one or more of the following exemptions.
- The Executive Exemption. These workers spend at least half their time managing the enterprise or a department within it and regularly direct two or more employees.
- The Administrative Exemption. These workers perform office or nonmanual tasks directly related to general business operations or management policies and regularly exercise independent judgment and discretion.
- The Professional Exemption. This type of work requires advanced knowledge learned by a prolonged course, primarily performing original or creative work in an artistic endeavor or recognized field. These professionals consistently exercise discretion and judgment. Teachers are included in this exemption.
- Outside Sales Exemption. These employees sell goods and services offsite, with no more than 20% of time spent in nonselling hours.
- Computer Professionals. These professionals design, develop, create and test computer systems and programs and use system analysis techniques and procedures.
In addition to these exemptions, overtime pay guidelines have also been established to help determine exempt and non-exempt employees.
If you are a non-exempt employee and are not receiving extra pay, the overtime lawyers at Morgan and Morgan can help. Don't hesitate to fill out our free case evaluation form. Our overtime attorneys can help you get the compensation you deserve.
