There are several overtime exemptions called “White Collar” exemptions that apply to certain administrative, professional, and executive employees.  Such exemptions, however, are often misunderstood, misapplied, and misused by employers. You might be entitled to overtime pay even if you have been told by your employer that you are an “exempt” employee.

A common misconception is that workers who are paid on a salaried basis automatically qualify as administrative, professional or executive employees, no matter what their nature of their job duties and responsibilities. For a worker to be “exempt” as an administrative, executive, or professional employee, an employer must prove that:

1. the employee is paid on a salary or fee basis; and
2. that the employee’s job duties qualify the employee for the special exemption.

That means an employee who is not paid on a salary basis but otherwise performs the job duties of “administrative or executive employees” must be paid overtime compensation. Likewise, an employee is who paid on a salary basis must nevertheless be paid overtime wages if they do not perform the job duties and responsibilities of an “administrative or executive employee.” 

• Administrative Employee Exemption
• Executive Employee Exemption
• Professional Employee Section