Your employer MUST pay you overtime unless one of the following applies to you:

 

 

You're an Executive - You're an executive if:

• You earn a SALARY of $455 or more per week;

• Your primary duty is running the business or a subdivision or department of the business;

• You customarily and regularly direct the work of at least 2 or more full-time employees of the business; and

• You have the authority to hire and fire employees, or you have significant influence over such decisions.

 

 

You're a Bona Fide Administrative Employee - This means:

• You earn a SALARY $455 or more per week;

• Your primary duty is performing office/non-manual work directly related to management or general business operations of your employer;

• Your primary duty includes the exercise of discretion and independent judgment with respect to really important things.

 

 

You're a "Learned Professional" - You're a "learned professional" if:

• You earn a SALARY of $455 or more per week;

• Your primary duty is intellectual in character and requires "advanced knowledge" and the exercise of discretion and independent judgment;

• Your advanced knowledge is in a field of science or learning; and

• Your advanced knowledge required years of specialized intellectual study.

 

 

You're a "Creative Professional" - You're a "creative professional" if:

• You earn a SALARY of $455 or more per week;

• Your primary duty is being an artist.

 

 

You're an "Outside Salesperson" - You're an "outside salesperson" if:

• Your primary duty is making sales; and

• You regularly work away from your employer's place of business.

 

 

You're a "Highly Compensated Employee" - This means:

• Your primary duty is performing office/non-manual work; and

• You earn $100,000 or more per year (including at least $455 per week).

 

 

You're a "Computer Employee" - You're a "computer employee" if:

• You earn a SALARY of $455 or more per week (or $27.63 per hour);

• You're employed as a computer systems analyst, computer programmer, software engineer, or similar occupation;

• Your primary duty consists of:

  • 1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

  • 2) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on or related to user or system design specifications;

  • 3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or

  • 4) a combination of the aforementioned duties, the performance of which requires the same level of skills.