Overtime Pay

This right applies when:

• You work more than 40 hours in a single workweek
• You are classified as a "non-exempt" employee
• Your employer is covered by the FLSA (most are — any business with $500,000+ in annual revenue or involved in interstate commerce)

The FLSA exemption test (two parts):

To be exempt from overtime, you must meet both a salary test and a duties test:

1. Salary test: You must earn at least $684/week ($35,568/year)
2. Duties test: Your primary duties must fall into one of five categories:
   • Executive — you manage a department or subdivision and supervise at least 2 full-time employees
   • Administrative — you perform office or non-manual work related to business operations and exercise independent judgment on significant matters
   • Professional — your work requires advanced knowledge in a field of science or learning (e.g., doctors, lawyers, engineers, accountants)
   • Computer employee — you work as a systems analyst, programmer, or software engineer earning at least $684/week (or $27.63/hr)
   • Outside sales — you regularly make sales or obtain orders away from the employer's place of business

Common misconceptions:

• "Salaried employees don't get overtime" — Wrong. Salary alone doesn't determine exemption. You must meet both the salary AND duties test.
• "My employer said I'm exempt" — Employers sometimes misclassify workers. The law determines your status, not your employer's label.
• "I agreed to no overtime in my contract" — You cannot waive your right to overtime pay. Any such agreement is unenforceable.