Exempt Employees And The Federal Overtime Law

What Is An Exempt Employee?

Most employers are required to pay their employees overtime, according to federal and state laws, however, these laws often times contain exceptions, meaning that some employees are not qualified to receive overtime pay and are considered “exempt” employees.

Businesses that have more than $500,000 in sales each year or is considered an “interstate commerce” (a company that conducts business across states) are considered “non-exempt” and are covered by the federal Fair Labor Standards Act (FLSA). These businesses that are covered under the FLSA are typically are required to pay their employees overtime, or time and a half, in the event that they have worked more than 40 hours in the work week.

Here is a list of exempt employees under the Federal Overtime Law:

  • Executive, Administrative, and Professional employees that are paid salary
  • Volunteer Workers
  • Independent Contractors
  • Salespeople who work away from the employer’s business, selling goods and services
  • Computer Specialists who earn a minimum of $27.63 an hour
  • Seasonal employees of amusement or recreational businesses
  • Employees that work for organized camps and religious or non-profit educational conferences
  • Newspaper deliverers and employees of certain small newspaper businesses
  • Fisherman and Seamen
  • Employees on small farms
  • Some Switchboard Operators
  • Criminal Investigators
  • Babysitters and personal care or companionship (does not apply to employees who provide nursing care, or to personal and home care aids)

If you have any questions about overtime, or if you are experiencing wage theft from your employer, contact the employment attorneys at Maduff & Maduff today.