Under the law, “exempt employees” are not required to be paid overtime while “non-exempt” employees are required to be paid overtime for more than 40 hours worked in a week.  There are legal tests for who is exempt as well as a long list of industry-specific exemptions (exceptions).

What the employer calls an employee has no bearing on whether that employee is or is not legally exempt for overtime pay requirements.  Also, an employee may be paid a salary and still be “non-exempt” and entitled to overtime under the law.


If you have questions about your status as an exempt employee, CONTACT one of the wage and hour attorneys at Leiman & Johnson, LLC for a FREE no obligation consultation.