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Am I exempt from overtime?

Employers must meet several tests to deny you overtime. Answer a few questions to see whether yours likely does.

How are you paid?

Annual salary รท 52.

Is your pay reduced for partial-day absences or slow weeks?
Is your main job managing a department, directing 2+ full-time employees, with real say in hiring and firing?
Is your main job office work tied to running the business, where you make independent decisions on significant matters?

Following procedures, scripts or manuals doesn't count.

Does your job require an advanced degree in a field like law, medicine, engineering or accounting, or is it truly creative/artistic work?
Are you paid on a 1099 but work set hours under the company's direction?

This is a simplified screener. Other exemptions exist (outside sales, certain computer professionals, some transportation and agricultural jobs, and more), and states have their own rules. It isn't legal advice.

OvertimeClaims.com is an independent educational resource. We are not a law firm or a lawyer referral service, and nothing here is legal advice. Full disclaimer