For most exemptions, there is both a “duties” test and a “wages” test to determine if an employee is exempt or whether they are entitled to overtime. Note that many employees perform some duties that fall within an exempt classification but may still be entitled to overtime depending upon the specific factors of their work. The most common overtime exemptions are:
-
- Administrative Employees such as a chief of staff who use their independent judgment to make significant business decisions
- Executive/Management employees such as managers who regularly manage multiple employees and have some authority to discipline, hire and fire employees.
- Professional Employees who are required to have certain advanced degrees, such as lawyers, doctors, and teachers.
- Computer Employees such as systems analysts and software engineers who work closely with computer systems. This does not include all people who simply use their computers to work or people who repair or install computers.
- Outside Sales employees whose primary duty is making sales or getting orders from external clients and who frequently work outside the employer’s place of business.
- Certain truck drivers are exempt from overtime, depending upon the types of trucks driven, whether they cross state lines, and what types of passengers or cargo they carry
- Government employees and certain employees of religious orders. Some employees of non-profit organizations are exempt, but this depends upon the nature of the organization and the work performed.
