There are two categories of workers who are generally not entitled to overtime: “exempt” employees and independent contractors and similar workers, discussed below.
Contrary to popular belief, it is not enough to simply receive a salary to be considered exempt. In addition to receiving a minimum wage rate, employees can only be considered exempt if their duties fall within one of the “exemptions” contained in federal and state law.
In other words, an employee must satisfy both a wage test and a duties test to properly be considered exempt.
If an employee does not satisfy one of these two tests, they cannot be classified as exempt and they are owed overtime for all hours worked. More information is provided below as a guide to give you a sense of what kinds of employees are properly classified as exempt. However, the rules are often changing due to executive orders, change in the law, and court decisions that change how the law is interpreted.
In order to receive the most accurate and up to date information specific to your situation, you should contact experienced employment attorneys who can evaluate the conditions of your employment. The attorneys at Pelton Graham LLC have years of experience pursuing claims on behalf of employees who are owed overtime due to failure to pay overtime and misclassification.