Are You Exempt From Receiving Overtime?

One of the biggest concerns, when it comes to understanding overtime pay, is who is and who is not eligible to receive overtime payments? Since the US department of Labor has certain requirements in place, it is best for an employee to know where their employment falls under these requirements.

First of all, according to the US Department of Labor, any employee who either earns less than $455 per week, or $23,660 per year, will automatically be eligible to receive overtime pay.

With this said, any employee who earns more than the above requirements, is a salaried employee, and falls into one of the categories below, will be considered exempt and will not be eligible for overtime pay:

Creative- If your profession’s duties involve things such as invention or imagination, or involve the use of your talent with creative and artistic abilities, then you are exempt from overtime pay.

Learned- If your profession involves the requirement of certain knowledge and expertise in a field of science or learning, which is typically acquired from specialized instruction or education, and not from the employer itself, then you are considered exempt from overtime pay.

Executive- If your profession involves office and non-manual labor, is related to the management of the employer’s operations, and requires you to make decision, judgments, or the use of discretion, then you are exempt from overtime pay.

Outside Sales- If your profession involves the primary duty of making sales, most times away from the employer’s operational facility, is exempt from receiving overtime pay.

Overtime and state wage laws are in place in order to protect you. If you have any questions, or feel that you are a potential victim of wage or overtime theft, then contact Maduff & Maduff today. Our experienced attorneys specialize in employment, overtime, and civil rights law.