What does it mean to be exempt from overtime under the FLSA?

All employees are entitled to be paid overtime unless they fall within a specific overtime “exemption. Generally, there are three main  exemptions – executive, professional, and administrative. If your position qualifies under one of these exemptions, then you are not entitled to overtime pay under the FLSA. However, it is not the job title  that dictates whether the position is exempt from overtime and it does not matter if you agreed to work as a salaried employee. Instead an evaluation of the job duties is necessary to determine if you are an exempt employee. This means that even if you agree to be a salaried employee, or if your job title sounds like it would be exempt, you may still be entitled to overtime as long as your job duties do not satisfy the exemption. Some other common exemptions are

  • Commissioned salespeople who work in retail establishments
  • Computer professionals earning at least $27.63 per hour
  • Drivers, driver’s helpers, loaders, and mechanics employed by certain motor carriers
  • Farm workers employed on small farms
  • Automobile dealership mechanics, parts workers, and salespeople
  • Salaried executive, administrative, professional and outside sales employees