Which Of My Workers Qualify For Overtime Pay?

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Written By AndrewPerry

Founded in 2015 by a group of passionate legal professionals and enthusiasts, FlowingLaw started as a small blog. Today, it's a thriving community where ideas, expertise, and legal advice flow freely.





It can Be Hard to Ascertain whether your Company should pay an employee turnover and overtime. Usually, an employer should pay minimum wage and overtime to each of”non-exempt” workers. What’s an exempt worker, then?

It’s up to the company to establish an Employee meets the criteria for exempt status. An employee must satisfy both state and national evaluations to qualify as an exempt worker. The evaluations have a look at the worker’s responsibilities and wages to find out whether the worker is exempt.

Some companies assume that because a worker Is paid a salary, instead of an hourly fee, the worker isn’t eligible for minimum wage or overtime pay. That’s not necessarily the case, which may be an expensive mistake for a company. A lawyer can help you decide if your workers qualify as exempt.

Below is a general list of exempt workers:

Executives and managers – Executives and Managers might be cheated if they often direct at least 2 workers, have the ability to hire or fire workers, exercise discretionary powers, handle as their main obligation, and make at least $455 per week.

Administrative workers – Administrative Employees could be exempt if their primary duty is non-manual work directly associated with the operations of their employerthey exercise independent judgment, and they earn at least $455 per week.

Professional employees-Employees who exercise Law or medicine, workers who perform work requiring extended study, workers who have talent in a recognized field of artistic endeavor, and workers who instruct in a school system or educational institution may qualify as exempt under this exclusion.

External salespersons – Salespeople whose main Responsibility is to promote products, services, or intangible items or work from your employer’s place of business could be cheated.

Other kinds of workers could be exempt too. The ideal method to ascertain whether an employee is exempt or nonexempt would be to work with a lawyer when you hire a new worker. The lawyer can allow you to navigate complicated state and national tests regarding worker status and help you avoid liability for unpaid wages.