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Am I Entitled to Overtime?

Am I Entitled to Overtime?

Not all workers in the United States are entitled to overtime pay. Employees who aren't paid overtime are often known as salaried or exempt workers (meaning they are exempt from the overtime provisions of the Fair Labor Standards Act). A worker who is entitled to overtime is also known as a non-exempt employee.

If you think you should be earning overtime pay-but aren't-talk to an employment attorney as soon as possible.

Exempt vs. Non-Exempt Employees

The Fair Labor Standards Act defines the types of employees who are exempt from overtime pay. (The law also explains what types of workers are exempt from minimum wage requirements.)

The exact definitions of exempt vs. non-exempt employees are fairly technical and sometimes subject to litigation. Commonly accepted categories of exempt employees include:

  • Sales professionals who earn commission
  • Computer professionals who earn at least at least $27.63 an hour
  • Automobile dealership sales professionals and mechanics
  • Executives
  • Administrative staff
  • Professionals
  • Live-in domestic employees
  • Airline and railroad employees

If you are a non-exempt employee, you must be paid at least one and one-half your regular hourly wage when you work in excess of 40 hours in a workweek.

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