How do I know if I am exempt or non-exempt from overtime pay?

Most employees (86% of all U.S. employees according to an estimate by the Department of Labor) are eligible to receive overtime pay. Overtime pay must be paid to non-exempt employees at a rate of one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek. But this question calls for a more detailed answer than can be provided in a simple FAQ format. It is usually necessary to review your job duties and how you are paid in order to determine if you are eligible to be paid overtime.

There are certain exemptions that apply to some executive, administrative, and professional employees, but there are strict guidelines under the Fair Labor Standards Act that determine an employer's valid application of exemptions.

If you are not certain you are exempt you can contact our office so that our employment lawyers can review your case for free.  For more information, you may also look at the articles we've written on your particular job or download a free copy of our book: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

Read more: Do you work over 40 hours in a work week? Learn the wage laws for exempt and non-exempt employees
Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.