Employees whose jobs fall under the Fair Labor Standards Act are either “exempt” or “nonexempt.” Nonexempt employees are entitled to overtime pay. Exempt employees are not. Employees who are generally ineligible for overtime pay fall under the professional, administrative, executive or outside sales exemptions.

For most employees, whether they are exempt or nonexempt depends on how much they are paid, how they are paid and what kind of work they do.

Some employers may misclassify employees into an “exempt” category to avoid paying overtime. It’s important that you fill out our free case evaluation form to ensure your employer is not misclassifying you.

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